Biden signals this may be more than a lovers’ spat with Saudi Arabia

“A raider attack on the U.N. Security Council.” This was the explosive accusation leveled by Russian Deputy Foreign Minister Sergey Ryabkov this week. His target was the U.N. Secretariat and Western powers, whom he blamed for what Russia sees as an illegitimate attempt to restore the nuclear-related international sanctions on Iran.

Beyond the fiery rhetoric, Ryabkov’s statement contained a message: Russia, he said, now considers all pre-2015 U.N. sanctions on Iran, snapped back by the European signatories of the 2015 nuclear deal (JCPOA) — the United Kingdom, France, Germany — “annulled.” Moscow will deepen its military-technical cooperation with Tehran accordingly, according to Ryabkov.

This is more than a diplomatic spat; it is the formal announcement of a split in international legal reality. The world’s major powers are now operating under two irreconcilable interpretations of international law. On one side, the United States, the United Kingdom, France, and Germany assert that the sanctions snapback mechanism of the JCPOA was legitimately triggered for Iran’s alleged violations. On the other, Iran, Russia, and China reject this as an illegitimate procedural act.

This schism was not inevitable, and its origin reveals a profound incongruence. The Western powers that most frequently appeal to the sanctity of the "rules-based international order" and international law have, in this instance, taken an action whose effects fundamentally undermine it. By pushing through a legal maneuver that a significant part of the Security Council considers illegitimate, they have ushered the world into a new and more dangerous state. The predictable, if imperfect, framework of universally recognized Security Council decisions is being replaced by a system where legal facts are determined by political interests espoused by competing power blocs.

This rupture followed a deliberate Western choice to reject compromises in a stand-off with Iran. While Iran was in a technical violation of the provisions of the JCPOA — by, notably, amassing a stockpile of highly enriched uranium (up to 60% as opposed to the 3.67% for a civilian use permissible under the JCPOA), there was a chance to avert the crisis. In the critical weeks leading to the snapback, Iran had signaled concessions in talks with the International Atomic Energy Agency in Cairo, in terms of renewing cooperation with the U.N. nuclear watchdog’s inspectors.