On July 31, 2006 the United Nations Security Council adopted Resolution 1696, demanding that Iran “suspend all enrichment-related and reprocessing activities.” The resolution came after Iran had ignored a series of requests from the IAEA, the EU-3, and the United States for Iran to cease its enrichment program until its peaceful nature could be confirmed by the IAEA. Iran claimed that neither the IAEA nor any member of the international community had the right to prevent Iran from pursuing a domestic nuclear energy program. Resolution 1696 undermines the legal basis on which Iran has resisted suspension. As the international community awaits Iran’s response to the Security Council’s demands, it is important to understand this new legal context.

1696 was adopted after three years of negotiations between Iran and France, Germany and the United Kingdom failed to resolve outstanding questions regarding Iran’s compliance with its IAEA safeguard obligations and its Treaty on the Nonproliferation of Nuclear Weapons obligation under Article II “not to seek or receive assistance in the manufacture of nuclear weapons or other nuclear explosive devices.” Throughout these negotiations, Iran has been pressed to suspend uranium enrichment activities, as a confidence-building measure to facilitate negotiations over longer-term parameters to objectively guarantee that Iran’s nuclear activities are exclusively for peaceful purposes. Iran agreed as a voluntary, unilateral measure in November 2003 to suspend all enrichment and reprocessing activities as defined by the IAEA. It then intermittently broke the terms of the suspension until November 2004, when a more specific agreement was made with the EU-3. Iran then breached that agreement on August 10, 2005 when it removed the IAEA seals from its conversion plant in Esfahan in preparation for manufacturing UF6 gas to be enriched. (Read More)