Presentation on theme: "In The Name Of God The Subject: Analyzing the United Nations’ Security Council Arms Embargoes Against Islamic Republic of Iran Author: Syed Mustafa Kazerooni."— Presentation transcript:
In The Name Of God The Subject: Analyzing the United Nations’ Security Council Arms Embargoes Against Islamic Republic of Iran Author: Syed Mustafa Kazerooni The Student of L.L.M in Law and Political Faculty in Shiraz University
Outline: This Paper is divided into five main topics: 1-Introduction; 2-Objects 3-The discuss about the issue of security council arms embargoes against Islamic Republic of Iran 4-The Challenges and Gaps of Security Council Arms Embargo Regime against Islamic Republic of Iran 5-The Conclusion
Introduction: The United Nations Security Council arms embargoes against the countries are one of the crucial components of the Counsel’s overall sanction regimes. Iran arms embargoes in the Counsel are no exception. Iran has been subjected to these sanctions since 2007 and by imposing the 1737 resolution. The cause of political dimension supremacy over the legal dimension of the UN Security Council arms embargoes against I.R.Iran is that if the purpose of the current arms embargoes’ drafters were allegedly impeding iran from attaining the nuclear weapon capability,then I.R.Iran in 2006,that is, before imposing SC arms embargoes,voluntarily make appropriate information about its peaceful nuclear programme to IAEA and it seems that there should not any ambiguity with Iran. So it does appear that the objects of the SC arms embargoes against Iran is western efforts to make Iran unstable and toppling the Islamic republic of Iran and make Iran be more and more dependant to them especially in the context of military and arms productions
*Objects of the study: 1-Making Clear the explicit and furtive angles of UN Security Council arms embargoes against Iran; 2-Explaing the factionalism behind the UN Security Council arms embargoes against Iran 3-Distingushing the types of Security Council arms embargoes against Iran;
The Main Discuss: *The United Nations Security Council arms embargoes as the name implies are one kind of its sanction regime that imposed on the variety of arms and related industries to it. They can imposed on both states and non-state actors. Indeed, there are two main categories of SC arms embargoes, that is, compulsory and voluntary arms embargoes. Voluntary arms embargoes are based on article 40 and Compulsory arms embargoes are based on the article 41 of United Nations Charter. *There are arms embargoes within all of the Security Council Sanctions except three SC sanctions against Sudan(1054),Lebanon(1636) and Guinea-Bissau (2048).
*Iran position as the member of NAM has consistently opposed the imposition of arms embargoes against the states as the most prominent figure is apparent in the position of Bosnia and Herzegovina. *The history of efforts to impose arms embargoes against Iran in Security Council comebacks to the delay of adoption of Security Council ‘s 598 resolution by Iran that following the U.S Secretary of State, Mr. Schultz’s starting negotiation with its allies on 20 January 1987 in compliance of the adoption of Operation Staunch from April 1985 By U.S State Department in order to stop Islamic Republic of Iran obtain nuclear weapons,tried to make one-sided military assistance to Iraq in Iran-Iraq war. To that end, he prepared a SC draft resolution in which the sale of certain arms, spare parts, weapon production systems and military services banned to Iran. But the so-called draft resolution was opposed and vetoed by U.S.S.R and P.R.China.
*the United Nations Security Council arms embargoes against Iran can be divided into three main sanctions,that is,1737,1747 and 1929.
Security Council Arms Embargoes against Islamic Republic of Iran 1- SC Resolution 1737: A-In December 2006,The Security Council adopt resolution 1737 that approved a ban on arms export and import but these arms embargoes didn’t include the conventional arms but the coverage of the arms embargoes were in a kind that ballistic rockets and other technologies which can have the double uses of conventional and nuclear were applied.
B-The states that want to trade arms with Iran, have to observe the following concerns: 1-if the arms aren’t arms that intended to be placed on the SC arms embargoes list against Iran. 2-If the specific guidelines are observed; 3-if the SC sanction committee on Iran is informed; 4-If the IAEA is informed C-in spite of the direct arms embargoes in resolution 1737,it adds indirect actions to effect the arms industry in I.R.Iran: 1-The resolutions calls on the member states to take the necessary restrictions on the entry of people who involve in one way or another in nuclear and missile Iranian programme;
2-The resolution requires states to block assets and other financial assets and economic recourses which are on their territories and controlled by persons and entities sanctioned in accordance with the resolution 1737 annex; 3-The third indirect factors influencing Iran’s arms industry is one of the most bizarre regulations of the types of SC arms embargoes and the evidence of western opposition with the Iranian youth scientific advancement is the obligation of member states concerning ban of Iranian nationals to achieve science on ballistic missiles.
2-SC Resolution 1747: A-In this arms embargo,the Security Council has increased the persons and entities list of sanction related to Iran’s military industries and even banned the other states and international organizations such as World Bank to provide financial loans to Iran in absolute including loans for development and research in the field of prohibited weapons.
B-In addition to prohibition on arms trade included in the UN Register of Conventional Arms, the resolution 1747 has impeded the member states from technical and supervision assistance to the Iran’s military and arms industry C-The resolution 1747calls on member states to consider discreet and restrain in providing any kind of arms to Iran that aren’t placed under the UN Register of Conventional Arms
3-SC Resolution 1929: 1-The member states required to inspect and perhaps confiscate the vessels suspected of illicit weapons and military goods transportation in their respected ports, maritime territories and other places under their jurisdiction,in addition,it calls on states and private companies refusing to insurance such vessels. The member states has been obliged to refuse to provide in the case of vessels’ non-compliance in cooperation with them, services such as fuel, mooring and even their avoidance for entry if they are in crew drowning position. 2-Unlike the previous Security Council arms embargoes against Iran, the current arms embargo compromise surface-to-air missile systems, a lot of small and light arms which are purely used in military objectives.
Islamic Republic of Iran’s measures to combat the Security Council’s arms embargoes: 1-Reliance on domestic weapons production; 2-Cooperation with allied states and groups; 3-forbidding the Parchin military site visiting’ 4-military reverse engineering system; 5-Performing Major Prophet Maneuver
Challenges and gaps of Security Council’s arms embargo regime against Islamic Republic of Iran: 1-Implementing and enforcing arms embargoes against Iran and other states goes away the United Nations and its Security Council from their primary aims that is international dispute resolution and instead makes them be international club for certain western countries like USA and France that seek to expand their previous colonial and exploitation ambitions through Security Council; 2- Unilateral arms embargoes especially from the United States are another major challenge because they generally have exceeded the Security Council arms embargoes against Iran and make their preparations to intervene and undermine the Islamic Republic of Iran’s security and sovereignty
3-In the current nuclear talks between Iran and 5+1,The 5+1 has never been willing to seek resolving the artificial Iranian nuclear crisis through a win-win negotiation but instead seek to be in win- lose game in favor of itself. it is not the case which especially is attainable with Iran’s wise Supreme Leadership, Imam Khamenei.
Conclusions: The Security Council arms embargoes against Iran have been arbitrary and gone beyond the discretionary powers of the Security Council and so they are illegal sanctions like the other kinds of sanctions against Iran that bear international responsibility for United Nations and The Security Council especially France and USA. Finally, we can dare say that military and arms industries are the only components that can achieve highly in the shadow of economic sanctions based on a resistive economy and bring growth and prosperity in Iran’s military economy. So from this perspective, the Security Council’s arms embargoes against Iran have been a great positive opportunity that Iranian military industries have benefited from them to flourish its military economy.
Thanks for all of the Authorities of the second international conference on Economy under Sanction