On May 8, President Donald Trump announced US withdrawal from the Joint Comprehensive Plan of Action, colloquially known as “the Iran nuclear deal.”
While that decision has come under criticism for being both a really bad idea and a severe betrayal of trust, both of which are true, it’s worth noting that the US withdrawal is also a breach of treaty obligations, and that such obligations are, per the US Constitution and co-equal with it, “the Supreme Law of the Land.”
But wait — aren’t defenders of the withdrawal correct in noting that the JCPOA isn’t a treaty at all? Yes, they are, although some err in referring to it as an “executive order.” It isn’t even that. It’s merely a “State Department Political Commitment” which can be wadded up and thrown in the trash any time …
… except that the treaty in question is not the Joint Comprehensive Plan of Action. It’s the United Nations Charter, delivered to the US Senate by President Harry Truman and duly ratified by that body on July 28, 1945 by a vote of 89-2.
Under Article 25 of the UN Charter, “members of the United Nations agree to accept and carry out the decisions of the Security Council.”
On July 20, 2015, the members of that body, including the United States, unanimously endorsed the Joint Comprehensive Plan of Action in UN Security Council Resolution 2231.
It seems unlikely that Samantha Power, US ambassador to the UN at the time, didn’t know what she was committing the US government to when she voted for the resolution rather than exercising the US’s veto power on the Security Council. After all, the resolution itself contains text “[u]nderscoring that Member States are obligated under Article 25 of the Charter of the United Nations to accept and carry out the Security Council’s decisions.”
Was the JCPOA a “good deal?” Not especially so for the Iranians. Even though they apparently had no nuclear weapons program after 2004 at the latest, and even though they were apparently in full compliance with their obligations under the Non-Proliferation Treaty (unlike the US), they made a bunch of concessions to US demagoguery (and demagoguery from Israel, an ACTUAL rogue nuclear state) in order to get some of their own money (seized by the US government) back and get some sanctions (which should never have existed) lifted.
For the US government, it was an excellent deal, a face-saving way of hitting the reset button on nearly 40 years of failed policy vis a vis Iran. By letting Iran rejoin “the civilized world,” the US received the same opportunity — an opportunity that Trump just blew by way of loudly warning the world that the US government can’t be trusted to keep its word. Or honor its treaty obligations.
Thomas L. Knapp (Twitter: @thomaslknapp) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.
PUBLICATION/CITATION HISTORY
- “Iran Nuclear Deal isn’t just a good idea — it’s the law,” by Thomas L. Knapp, St. George, Utah Daily Spectrum , 05/10/18
- “Iran Nuclear Deal isn’t just a good idea — it’s the law,” by Thomas L. Knapp, USA Today, 05/10/18
- “Iran Nuclear Deal isn’t just a good idea — it’s the law,” by Thomas L. Knapp, Fort Collins, Colorado Coloradoan, 05/10/18
- “Iran Nuclear Deal isn’t just a good idea — it’s the law,” by Thomas L. Knapp, Fon du Lac, Wisconsin Reporter, 05/10/18
- “Iran Nuclear Deal isn’t just a good idea — it’s the law,” by Thomas L. Knapp, Detroit, Michigan Free Press, 05/10/18
- “Iran Nuclear Deal isn’t just a good idea — it’s the law,” by Thomas L. Knapp, El Paso, Texas Times, 05/10/18
- “Iran Nuclear Deal isn’t just a good idea — it’s the law,” by Thomas L. Knapp, Milwaukee, Wisconsin Journal Sentinel, 05/10/18
- “Iran Nuclear Deal isn’t just a good idea — it’s the law,” by Thomas L. Knapp, Arizona Republic, 05/10/18
- “Iran Nuclear Deal isn’t just a good idea — it’s the law,” by Thomas L. Knapp, Indianapolis, Indiana Star, 05/10/18
- “Iran Nuclear Deal isn’t just a good idea — it’s the law,” by Thomas L. Knapp, Reno, Nevada Gazette Journal, 05/10/18
- “Iran Nuclear Deal isn’t just a good idea — it’s the law,” by Thomas L. Knapp, Des Moines, Iowa Register, 05/10/18
- “Iran Nuclear Deal isn’t just a good idea — it’s the law,” by Thomas L. Knapp, Nashville, Tennessee Tennessean, 05/10/18
- “Iran Nuclear Deal isn’t just a good idea — it’s the law,” by Thomas L. Knapp, Rochester, New York Democrat & Chronicle, 05/10/18
- “Iran Nuclear Deal isn’t just a good idea — it’s the law,” by Thomas L. Knapp, Cincinnati, Ohio Enquirer, 05/10/18
- “The Iran Nuclear Deal Isn’t Just a Good Idea — It’s the Law,” by Thomas L. Knapp, CounterPunch, 05/10/18
- “The Iran Nuclear Deal Isn’t Just a Good Idea – It’s the Law,” by Thomas L. Knapp, Antiwar.com, 05/10/18
- “The Iran Nuclear Deal Isn’t Just a Good Idea — It’s the Law,” by Thomas L. Knapp, OpEdNews, 05/10/18
- “The Iran Nuclear Deal Isn’t Just a Good Idea — It’s the Law,” by Thomas L. Knapp, Ventura County, California Citizens Journal, 05/12/18
- “Breach of treaty obligations,” by Thomas L. Knapp, Dhaka, Bangladesh New Nation, 05/13/18
- “The Iran Nuclear Deal isn’t just a good idea — it’s the law,” by Thomas L. Knapp, Jacksonville, North Carolina Daily News, 05/14/18
- “The Iran Nuclear Deal isn’t just a good idea — it’s the law,” by Thomas L. Knapp, New Bern, North Carolina Sun Journal, 05/14/18
- “The Iran Nuclear Deal isn’t just a good idea — it’s the law,” by Thomas L. Knapp, Kinston, North Carolina Free Press, 05/14/18
- “The Iran Nuclear Deal isn’t just a good idea — It’s the law,” by Thomas L. Knapp, Uintah Basin, Utah Standard/Vernal Express, 05/15/18
- “The Iran Nuclear Deal isn’t just a good idea — it’s the law,” by Thomas L. Knapp, Queens, New York Ledger [print edition], 05/1718
- “The Iran Nuclear Deal isn’t just a good idea — it’s the law,” by Thomas L. Knapp, Brooklyn, New York Downtown Star [print edition], 05/1718
- “The Iran Nuclear Deal isn’t just a good idea — it’s the law,” by Thomas L. Knapp, Forest Hills/Rego Park, New York Times [print edition], 05/1718
- “The Iran Nuclear Deal isn’t just a good idea — it’s the law,” by Thomas L. Knapp, Glendale, New York Register [print edition], 05/1718
- “The Iran Nuclear Deal isn’t just a good idea — it’s the law,” by Thomas L. Knapp, New York Leader/Observer [print edition], 05/1718
- “The Iran Nuclear Deal isn’t just a good idea — it’s the law,” by Thomas L. Knapp, Long Island City/Astoria, New York Journal [print edition], 05/1718
- “The Iran Nuclear Deal isn’t just a good idea — it’s the law,” by Thomas L. Knapp, Queens, New York Examiner [print edition], 05/1718
- “The Iran Nuclear Deal isn’t just a good idea — it’s the law,” by Thomas L. Knapp, Greenpoint, New York Star [print edition], 05/17/18
- “Knapp Wrong,” by Jay Pelc, Queens, New York Ledger [web and print editions], 05/30/18
- “Knapp Wrong,” by Jay Pelc, Forest Hills/Rego Park, New York Times [web and print editions], 05/30/18
- “Knapp Wrong,” by Jay Pelc, Glendale, New York Register [web and print editions], 05/30/18
- “Knapp Wrong,” by Jay Pelc, New York Leader/Observer [web and print editions], 05/30/18
- “Knapp Wrong,” by Jay Pelc, Long Island City/Astoria, New York Journal [web and print editions], 05/30/18
- “Knapp Wrong,” by Jay Pelc, Queens, New York Examiner [web and print editions], 05/30/18
- “Knapp Wrong,” by Jay Pelc, Greenpoint, New York Star [web and print editions], 05/30/18
- “Knapp Wrong,” by Jay Pelc, [web and print editions], Brooklyn, New York Downtown Star 05/30/18