11. United States Policy Toward Iran: Can Sanctions Work?
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The Case of Iran's Nuclear Program
Penn State Journal of Law & International Affairs Volume 2 Issue 2 November 2013 The Prohibition on the Use of Force for Arms Control: The Case of Iran’s Nuclear Program Mary Ellen O'Connell University of Notre Dame Law School Reyam El Molla Follow this and additional works at: https://elibrary.law.psu.edu/jlia Part of the Diplomatic History Commons, History of Science, Technology, and Medicine Commons, International and Area Studies Commons, International Law Commons, International Trade Law Commons, Law and Politics Commons, Political Science Commons, Public Affairs, Public Policy and Public Administration Commons, Rule of Law Commons, Social History Commons, and the Transnational Law Commons ISSN: 2168-7951 Custom Citation The Prohibition on the Use of Force for Arms Control: The Case of Iran’s Nuclear Program, 2 Penn. St. J.L. & Int’l Aff. 315 (2013). The Penn State Journal of Law & International Affairs is a joint publication of Penn State’s School of Law and School of International Affairs. Penn State Journal of Law & International Affairs 2013 VOLUME 2 NO. 2 THE PROHIBITION ON THE USE OF FORCE FOR ARMS CONTROL: THE CASE OF IRAN’S NUCLEAR PROGRAM Mary Ellen O’Connell and Reyam El Molla* In many discussions of Iran’s nuclear program, there seems to be an implicit assumption that states have a right to use military force to end the program. For example, the Institute for National Security Studies,1 an Israeli think tank, in an article titled, The Legality of an Attack against Iranian Nuclear Facilities, places emphasis on proving the necessity of an attack as a last resort but fails to indicate any accepted legal basis for resort to military force as an initial matter.2 In fact, international law does not permit the use of military force without United Nations Security Council authorization for arms control of any kind, whether to end a nuclear program, to end a chemical weapons program, or to prevent missile shipments. -
Focus On: Sanctions Against Iran, Libya and Syria July 2011
Focus on: sanctions against Iran, Libya and Syria July 2011 The worsening situation in Libya and Syria and the need to prevent sanction busting by Iran have provoked further tight- ening of international sanctions. The main measures approved by the EU, UN and US in recent months will have im- pacts on the economies and diplomatic relations of the above-mentioned countries. Iran . Iran’s efforts to bypass international sanctions by using foreign companies and other countries (a practice known as sanction busting) have resulted in the EU and US tightening sanctions and adding more institutions and indi- viduals to their blacklists. The aim of the sanctions, which target Iran’s finances, is to force Tehran to re-open ne- gotiations on its nuclear development programme and resolve the stalemate. Having adopted Regulation 961/2010 in October 2010, in May 2011 the European Council approved Council Im- plementing Regulation (EU) No. 503/2011 adding more people and entities to its blacklist. Among theme is the Iranian Europäisch-Iranisch Handelsbank (EIH) bank based in Hamburg, Germany, accused of breaching EC regulations and UN Security Council resolutions. In a move to raise pressure on Iran, at the beginning of June the US also decided to apply the principle of extra- territoriality. Having imposed sanctions against seven foreign companies (including the PDVSA and an Israeli group) for supplying fuel to Iranian companies, the US has continued to revise its blacklist, which includes the Iranian state-owned Bank of Industry and Mine accused of providing services to Bank Mellat and EIH already subject to US sanctions. -
THE FUTURE of US-IRAN RELATIONS by Jenny Gan
THE FUTURE OF US-IRAN RELATIONS By Jenny Gan INTRODUCTION Over the past fifty years, the United States and Iran have experienced a tumultuous relationship that has sometimes revealed itself as a close international partnership and other times a contentious rivalry. Since 1953, the United States has helped conduct President Trump a coup d’état in 1953 to overthrow Iran’s prime minister, navigated imposing sanctions the US Embassy hostage crisis, and dealt with the Iran-Contra on Iran following scandal (“US-Iran Relations”). Despite a rocky end to the 20th the dissolution of century, following sanctions in the early 2000s, the US and Iran the US-Iran Nuclear entered a state of peace following the rising global concerns over the Deal. development of an Iranian nuclear arsenal (“US-Iran Relations”). Saul Loeb/AFP via However, the United States’ relationship with Iran took a sharp Getty Images turn following rising tensions in the Gulf, including new economic sanctions, explosions targeting oil tankers in the Gulf of Oman, and US military drone surveillance over the Strait of Hormuz (“US-Iran Relations”). Tensions rose to a fever pitch after the assassination of Coup d’état – the General Qasem Soleimani by a US drone and resulted in Iran pulling forcible removal of an out of the nuclear agreement while also promising revenge against existing government the United States (Ward). from power through Best described as tumultuous, the relationship between Iran and violent means. the United States has major implications for global peace, as Iran has nuclear capabilities and is a key player in the Middle East, a region where the United States has vested economic and political interests. -
CLASSROOM | 9-12 Lessons
CLASSROOM | 9-12 Lessons : JIMMY CARTER AND THE IRANIAN HOSTAGE CRISIS President Carter announces sanctions against Iran in the White House Press Room. Jimmy Carter Library Jimmy Carter would say later, “No matter who was with me, we watched the big grandfather clock by the door.” Time was running out, for it was Tuesday, January 20, 1981. The scene was the Oval Office. In just hours this president would leave it for good, and a new leader, Ronald Reagan, would move in. As the clock ticked the time away, Carter tried to resolve a crisis that had almost destroyed his presidency. He was close, very close, and as he said, “At stake were the lives of 52 precious human beings who had been imprisoned in Iran for 444 days–and almost 12 billion dollars of Iranian assets.” 1 Prelude The beginnings of this crisis preceded Jimmy Carter’s term by almost thirty years. For that long, the United States had provided political support and, more recently, massive military assistance to the government of the shah of Iran. Iran was important because it provided oil to the industrial West and separated the Soviet Union from the Persian Gulf and the oil states. The United States had an enormous stake in keeping it stable and independent. By 1979, however, when Carter had been in office three years, the shah was in trouble, reaping the harvest of years of brutal and unpopular policies, including the use of secret police that controlled dissent with arbitrary arrests and torture.2 It was clear that the shah had lost the (next page) White House Historical Association | http://www.whha.org | Pg. -
PETITIONERS V
No. In the Supreme Court of the United States DONALD J. TRUMP, PRESIDENT OF THE UNITED STATES ET AL., PETITIONERS v. STATE OF HAWAII, ET AL. ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT PETITION FOR A WRIT OF CERTIORARI NOEL J. FRANCISCO Solicitor General Counsel of Record CHAD A. READLER Acting Assistant Attorney General JEFFREY B. WALL EDWIN S. KNEEDLER Deputy Solicitors General HASHIM M. MOOPPAN Deputy Assistant Attorney General JONATHAN C. BOND MICHAEL R. HUSTON Assistants to the Solicitor General SHARON SWINGLE H. THOMAS BYRON III Attorneys Department of Justice Washington, D.C. 20530-0001 [email protected] (202) 514-2217 QUESTIONS PRESENTED The Constitution and Acts of Congress confer on the President broad authority to prohibit or restrict the entry of aliens outside the United States when he deems it in the Nation’s interest. Exercising that authority after a worldwide review by multiple government agencies of whether foreign governments provide sufficient infor- mation to screen their nationals, the President issued Proclamation No. 9645, 82 Fed. Reg. 45,161 (Sept. 27, 2017). In accordance with the recommendation of the Acting Secretary of Homeland Security following the multi-agency review, the Proclamation suspends entry, subject to exceptions and case-by-case waivers, of cer- tain categories of aliens abroad from eight countries that do not share adequate information with the United States or that present other risk factors. The district court issued a preliminary injunction barring enforce- ment of the Proclamation’s entry suspensions world- wide, except as to nationals of two countries. -
Us Policy Towards the Islamic Republic of Iran Hearing
S. HRG. 111–746 U.S. POLICY TOWARDS THE ISLAMIC REPUBLIC OF IRAN HEARING BEFORE THE COMMITTEE ON ARMED SERVICES UNITED STATES SENATE ONE HUNDRED ELEVENTH CONGRESS SECOND SESSION APRIL 14, 2010 Printed for the use of the Committee on Armed Services ( U.S. GOVERNMENT PRINTING OFFICE 62–667 PDF WASHINGTON : 2010 For sale by the Superintendent of Documents, U.S. Government Printing Office, http://bookstore.gpo.gov. For more information, contact the GPO Customer Contact Center, U.S. Government Printing Office. Phone 202–512–1800, or 866–512–1800 (toll-free). E-mail, [email protected]. VerDate Aug 31 2005 13:35 Dec 07, 2010 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 Y:\BORAWSKI\DOCS\62667.TXT JUNE PsN: JUNEB COMMITTEE ON ARMED SERVICES CARL LEVIN, Michigan, Chairman ROBERT C. BYRD, West Virginia JOHN MCCAIN, Arizona JOSEPH I. LIEBERMAN, Connecticut JAMES M. INHOFE, Oklahoma JACK REED, Rhode Island JEFF SESSIONS, Alabama DANIEL K. AKAKA, Hawaii SAXBY CHAMBLISS, Georgia BILL NELSON, Florida LINDSEY GRAHAM, South Carolina E. BENJAMIN NELSON, Nebraska JOHN THUNE, South Dakota EVAN BAYH, Indiana ROGER F. WICKER, Mississippi JIM WEBB, Virginia GEORGE S. LeMIEUX, Florida CLAIRE McCASKILL, Missouri SCOTT P. BROWN, Massachusetts MARK UDALL, Colorado RICHARD BURR, North Carolina KAY R. HAGAN, North Carolina DAVID VITTER, Louisiana MARK BEGICH, Alaska SUSAN M. COLLINS, Maine ROLAND W. BURRIS, Illinois JEFF BINGAMAN, New Mexico EDWARD E. KAUFMAN, Delaware RICHARD D. DEBOBES, Staff Director JOSEPH W. BOWAB, Republican Staff Director (II) VerDate Aug 31 2005 13:35 Dec 07, 2010 Jkt 000000 PO 00000 Frm 00002 Fmt 0486 Sfmt 0486 Y:\BORAWSKI\DOCS\62667.TXT JUNE PsN: JUNEB C O N T E N T S CHRONOLOGICAL LIST OF WITNESSES U.S. -
The Future of Iranian Terror and Its Threat to the U.S. Homeland
THE FUTURE OF IRANIAN TERROR AND ITS THREAT TO THE U.S. HOMELAND HEARING BEFORE THE SUBCOMMITTEE ON COUNTERTERRORISM AND INTELLIGENCE OF THE COMMITTEE ON HOMELAND SECURITY HOUSE OF REPRESENTATIVES ONE HUNDRED FOURTEENTH CONGRESS SECOND SESSION FEBRUARY 11, 2016 Serial No. 114–53 Printed for the use of the Committee on Homeland Security Available via the World Wide Web: http://www.gpo.gov/fdsys/ U.S. GOVERNMENT PUBLISHING OFFICE 21–525 PDF WASHINGTON : 2016 For sale by the Superintendent of Documents, U.S. Government Publishing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 COMMITTEE ON HOMELAND SECURITY MICHAEL T. MCCAUL, Texas, Chairman LAMAR SMITH, Texas BENNIE G. THOMPSON, Mississippi PETER T. KING, New York LORETTA SANCHEZ, California MIKE ROGERS, Alabama SHEILA JACKSON LEE, Texas CANDICE S. MILLER, Michigan, Vice Chair JAMES R. LANGEVIN, Rhode Island JEFF DUNCAN, South Carolina BRIAN HIGGINS, New York TOM MARINO, Pennsylvania CEDRIC L. RICHMOND, Louisiana LOU BARLETTA, Pennsylvania WILLIAM R. KEATING, Massachusetts SCOTT PERRY, Pennsylvania DONALD M. PAYNE, JR., New Jersey CURT CLAWSON, Florida FILEMON VELA, Texas JOHN KATKO, New York BONNIE WATSON COLEMAN, New Jersey WILL HURD, Texas KATHLEEN M. RICE, New York EARL L. ‘‘BUDDY’’ CARTER, Georgia NORMA J. TORRES, California MARK WALKER, North Carolina BARRY LOUDERMILK, Georgia MARTHA MCSALLY, Arizona JOHN RATCLIFFE, Texas DANIEL M. DONOVAN, JR., New York BRENDAN P. SHIELDS, Staff Director JOAN V. O’HARA, General Counsel MICHAEL S. TWINCHEK, Chief Clerk I. LANIER AVANT, Minority Staff Director SUBCOMMITTEE ON COUNTERTERRORISM AND INTELLIGENCE PETER T. -
Iran's Foreign and Defense Policies
Iran’s Foreign and Defense Policies Updated May 8, 2019 Congressional Research Service https://crsreports.congress.gov R44017 SUMMARY R44017 Iran’s Foreign and Defense Policies May 8, 2019 Iran’s national security policy is the product of many overlapping and sometimes competing factors such as the ideology of Iran’s Islamic revolution, perception of threats Kenneth Katzman to the regime and to the country, long-standing national interests, and the interaction of Specialist in Middle the Iranian regime’s factions and constituencies. Iran’s leadership: Eastern Affairs x Seeks to deter or thwart U.S. or other efforts to invade or intimidate Iran or to bring about a change of regime. x Has sought to take advantage of opportunities of regional conflicts to overturn a power structure in the Middle East that it asserts favors the United States, Israel, Saudi Arabia, and other Sunni Muslim Arab regimes. x Seeks to enhance its international prestige and restore a sense of “greatness” reminiscent of ancient Persian empires. x Advances its foreign policy goals, in part by providing material support to regional allied governments and armed factions. Iranian officials characterize the support as helping the region’s “oppressed” and assert that Saudi Arabia, in particular, is instigating sectarian tensions and trying to exclude Iran from regional affairs. x Sometimes disagrees on tactics and strategies. Supreme Leader Ali Khamene’i and key hardline institutions, such as the Islamic Revolutionary Guard Corps (IRGC), oppose any compromises of Iran’s national security core goals. Iran’s elected president, Hassan Rouhani, and Foreign Minister Mohammad Javad Zarif support Iran’s integration into regional and international diplomacy. -
The Iranian Constitution: an Exercise in Contradictions S
The Fletcher School Online Journal for issues related to Southwest Asia and Islamic Civilization Spring 2004, Article 1 The Iranian Constitution: An Exercise in Contradictions S. Waqar Hasib A constitution is not merely a document, nor I. Introduction a set of laws. Rather, in many ways a constitution Since the overthrow of Shah Mohammed is an expression of the values, needs, and desires Reza Pahlevi in 1979, Iran can best be described as of a particular community. Thus it is important to a nation of contradictions. Iranians are often examine not only the actual content of a shown on U.S. television burning American flags constitution, but also the particular historical and chanting “death to America,” while behind context in which it was created. One could not the camera they listen to Madonna, wear Tommy properly study the U.S. constitution with out at Hilfiger jeans and watch the latest Los Angeles least a basic understanding of the history of the Lakers games on satellite dishes.1 Iran ranks at British Empire in North America, the American the top of the U.S. State Department’s list of Revolution, and the Articles of Confederation. nations that sponsor terrorism,2 yet Iranians lit Likewise, one cannot properly study the Iranian candles and held mass impromptu vigils in the constitution without first examining the chain of streets of Tehran for the victims of the September events that led to its creation. 11 attacks.3 Often a nation’s externally visible A. From the Qajars to Reza Khan – 1826 to 1941 characteristics are a result of its internal political The roots of the current Iranian constitution structures. -
United States Policy and Military Strategy in the Middle East
S. HRG. 114–350 UNITED STATES POLICY AND MILITARY STRATEGY IN THE MIDDLE EAST HEARINGS BEFORE THE COMMITTEE ON ARMED SERVICES UNITED STATES SENATE ONE HUNDRED FOURTEENTH CONGRESS FIRST SESSION MARCH 24; SEPTEMBER 22; OCTOBER 27, 2015 ( Printed for the use of the Committee on Armed Services VerDate Nov 24 2008 10:53 Sep 08, 2016 Jkt 000000 PO 00000 Frm 00001 Fmt 6011 Sfmt 6011 C:\USERS\WR47328\DESKTOP\21401.TXT WILDA UNITED STATES POLICY AND MILITARY STRATEGY IN THE MIDDLE EAST VerDate Nov 24 2008 10:53 Sep 08, 2016 Jkt 000000 PO 00000 Frm 00002 Fmt 6019 Sfmt 6019 C:\USERS\WR47328\DESKTOP\21401.TXT WILDA S. HRG. 114–350 UNITED STATES POLICY AND MILITARY STRATEGY IN THE MIDDLE EAST HEARINGS BEFORE THE COMMITTEE ON ARMED SERVICES UNITED STATES SENATE ONE HUNDRED FOURTEENTH CONGRESS FIRST SESSION MARCH 24; SEPTEMBER 22; OCTOBER 27, 2015 Printed for the use of the Committee on Armed Services ( Available via the World Wide Web: http://www.fdsys.gov/ U.S. GOVERNMENT PUBLISHING OFFICE 21–401 PDF WASHINGTON : 2016 For sale by the Superintendent of Documents, U.S. Government Publishing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate Nov 24 2008 10:53 Sep 08, 2016 Jkt 000000 PO 00000 Frm 00003 Fmt 5011 Sfmt 5011 C:\USERS\WR47328\DESKTOP\21401.TXT WILDA COMMITTEE ON ARMED SERVICES JOHN MCCAIN, Arizona, Chairman JAMES M. INHOFE, Oklahoma JACK REED, Rhode Island JEFF SESSIONS, Alabama BILL NELSON, Florida ROGER F. -
Iran, Israel, the Persian Gulf, and the United States: a Conflict Resolution Perspective
Iran, Israel, the Persian Gulf, and the United States: A Conflict Resolution Perspective By Simon Tanios Abstract Where the Middle East is often described as a battleground between “chosen peoples”, Johan Galtung, the principal founder of the discipline of peace and conflict studies, preferred to see it as a conflict between “persecuted peoples”. Iran, Israel, the Persian Gulf, and the United States have been in various conflicts through history shaking peace in the Middle East, with a prevailing tense atmosphere in relations between many parties, despite some periods of relatively eased tensions or even strategic alliances. Nowadays, Iran considers the United States an arrogant superpower exploiting oppressed nations, while the United States sees Iran as irresponsible supporting terrorism. In sync with this conflict dynamic, on one hand, the conflict between Iran and many Gulf countries delineates important ideological, geopolitical, military, and economic concerns, and on the other hand, the conflict between Iran and Israel takes a great geopolitical importance in a turbulent Middle East. In this paper, we expose the main actors, attitudes, and behaviors conflicting in the Middle East region, particularly with regard to Iran, Israel, the Gulf countries, and the United States, describing the evolution of their relations, positions, and underlying interests and needs. Then, while building our work on the Galtung’s transcend theory for peace, we expose some measures that may be helpful for peace-making in the Middle East. Keywords: Iran; Israel; Gulf countries; the United States; conflict resolution. I. Introduction of Israel in the Muslim World, and the mutual animosity between Iran and the United States. -
Easing US Sanctions on Iran JUNE 2014
Atlantic Council SOUTH ASIA CENTER IRAN TASK FORCE BY KENNETH KATZMAN Easing US Sanctions on Iran JUNE 2014 Since the seizure of US hostages in Iran following the 1979 revolution, the US government has imposed a Atlantic Council Iran Task Force succession of economic penalties against the Islamic The Iran Task Force, launched in 2010 and chaired Republic. The complexity and severity of these by Ambassador Stuart Eizenstat, performs a uranium enrichment program in 2006. However, there landscape, as well as its role in the region and the aresanctions a variety intensified of ways tofollowing provide Iran’s extensive resumption sanctions of a world,comprehensive to answer analysis the question of Iran’s of whetherinternal politicalthere are relief should there be a deal placing long-term elements within the country and region that can build the basis for an improved relationship with the West and how these elements, if they exist, restrictionsThe November on Iran’s24, 2013 nuclear Joint activities. Plan of Action (JPA) could be utilized by US policymakers. between Iran and the “P5+1” countries (United States, Britain, France, Germany, Russia, and China) pledges The Iran Task Force is a project of the Atlantic Iran comprehensive international sanctions relief if a 1 The generously by a grant from the Ploughshares Fund. JPA does not assert that the United States is the sole Council’s South Asia Center, and is supported final settlement is reached on its nuclear program. source of existing sanctions. However, US sanctions sanctions. Despite this JPA stipulation, the document are key to sanctions relief because many US sanctions implies that the administration does not necessarily penalize foreign countries and companies that conduct have the authority to commit to an outright lifting.