Addressing a meeting of the Sixth Committee (Legal) of the 73th Session of the
United Nations General Assembly on October 8, Khoshroo lashed out at the US
government for its "total disregard to Article 25 of the UN Charter” and its
penalties for commitment to the UN Security Council resolution.
The Iranian ambassador also denounced the US move as "a dangerous phenomenon
which endangers the essential foundation of rule of law at the international
level.”
What follows is the full text of his address:
Mr. Chairman,
The founders of the United Nations, drawing on lessons from the past in order to
save succeeding generations from the scourge of war, established international
legal order on the basis of sovereign equality of States and prohibition of the
threat or use of force in international relations, opting for the path of
multilateralism and peaceful settlement of disputes as a viable solution.
Multilateralism and collective security arrangements have been major
achievements of the UN system. However, these achievements are now under attack.
As Secretary-General Guterres said in the opening of the 73rd session of the
General Assembly, "Multilateralism is under attack from many different
directions precisely when we need it most,…, Multilateralism has been in the
fire".
Unilateralism, as a pressing challenge for the rule of law at the international
level, has been crystalized either in the form of withdrawal from international
treaties and protocols, withdrawing from a number of important agencies, waging
trade wars against countries, imposition of extraterritorial illegal sanctions
or any other wrongful act which put into question the foundations of
international law and international legal order.
Mr. Chairman,
Today, I want to draw the attention of the Sixth Committee to a serious threat
to the UN Charter and international relations, which needs the swift and robust
reaction of the international community.
For the first time in the history of the UN, the United States – a permanent
member of the Security Council with the veto power – is engaging in penalizing
nations across the entire world; not for violating a Security Council
resolution, rather, for abiding by it.
Let me repeat myself again. In total disregard to Article 25 of the UN Charter,
the US is penalizing the Member States who implement and abide by a Security
Council resolution. This is a new and at the same time, a dangerous phenomenon
which endangers the essential foundation of rule of law at the international
level.
Mr. Chairman,
On 8 May 2018 the current US administration withdrew from the JCPOA, the
agreement that was the culmination of more than a decade of negotiations and
diplomacy and is a part of Security Council resolution 2231. The Security
Council resolution 2231 underlines "promoting and facilitating the development
of normal economic and trade contacts and cooperation with Iran” and calls upon
all Member States to support the implementation of the JCPOA, including to
ensure Iran’s access in areas of trade, technology, finance and energy, and
refrain from actions that undermine it.
The US, however, now is targeting the countries that continue their economic
ties with Iran in accordance with their obligations under the Security Council
resolution 2231. What The US does by threatening revenge against countries is
weaponizing its economy and currency thereby abusing the international financial
system which drastically depends on the US dollar. Needless to say, these acts
run counter to well-established principles of international law, including equal
sovereignty of States, independence and non-intervention in other States’
internal affairs.
It is our true belief that each and every member of the community of nations has
a duty to stand up against the US wrongful act and contempt for the rule of law
in international relations; in particular, by refusing to give effect to
irresponsible acts. The international community must act in the face of this
international intimidation and affront towards the international legal order.
The open question today is how can Iran, and others, trust the United States
while it is threatening to punish other countries for the implementation of the
U.N. Security Council resolution it sponsored and voted for? A permanent member
of the Security Council asking other states to violate a Security Council
resolution. There is no precedent for such a dangerous move. Would the
international community allow this to become a precedent? Is the international
community preparing to deal with the consequences of this wrongful act if it
becomes the precedent? These are fundamental questions. These questions have
nothing to do with the Iran deal. All countries should be cautious regarding
this outrageous move and should not allow it to happen. The General Assembly
should take action in support of the primacy of the rule of law and
multilateralism as well as stand against a member state who is threatening
others to disobey the international law.
Mr. Chairman,
One of the primary goals of the United Nations, as stated in the Preamble to the
Charter, is to establish conditions under which justice and respect for
international obligations can be maintained. The International Court of Justice
is rightly placed to help achieve that goal. Its role is critical in preserving
the international legal order and common interests of the international
community.
The Islamic Republic of Iran, in an effort to defend its legitimate rights, has
chosen to recourse the International Court of Justice. On 16 July 2018, Iran
filed its application together with a request for Provisional Measures before
the International Court of Justice to protect its rights, which were infringed
as the result of the re-imposition of sanctions previously lifted under the
JCPOA. Last week, on 3 October 2018, the ICJ issued its injunction against the
US Government’s illegal move to restore unilateral sanctions against Iran. The
Court’s unanimous order was another clear testament to the illegality of the
United States’ sanctions against our country, its people and its citizens.
The ICJ reiterated that the United States is obliged, under its international
commitments, to remove the obstacles created as a result of its actions and
illegal decisions made upon its withdrawal from the JCPOA, including the
impediments which have emerged on the path of Iran’s trade in certain domains.
In its ruling, the Court has also obliged the United States to guarantee that it
will give necessary permits for cases specified in the court order and will
handle relevant payments and transactions. The Court, while confirming UN
Security Council Resolution 2231, has recognized the damages and irreparable
harm that the US has caused Iran and its international business relations and
rejected the efforts by the US Government to dismiss the Court’s jurisdiction
and shirk its legal responsibilities.
Just hours after issuance of the provisional measure by the Court, the US
Government instead of complying with a binding decision of the main judicial
organ of the UN, once again chose withdrawal and this time withdrew from the
1955 Treaty of Amity as well as the 1961 optional protocol to the Vienna
Convention On Diplomatic Relation, Concerning the Compulsory Settlement of
Disputes , and announced that the US would review all international agreements
that could expose it to binding decision by the ICJ. The US withdrew to
safeguard itself from the consequences of its illegal actions. It is obvious
that these withdrawals have no legal effects.
Mr. Chairman,
We regret that Member States were unable to reach an agreement on a subtopic
last year. The subtopic of the rule of law discussion is a unique opportunity
for Member States to exchange their thoughts and best practices on the most
pressing challenges to the rule of law at the national and international level.
In our view, issues such as unilateralism, disregard to conventional
obligations, unilateral coercive measures, using economy and currency as a
weapon in international relations, using threat as a means of foreign policy
and, more importantly, threating and punishing UN Member States for abiding with
the Security Council resolutions deserve utmost attention of the Member States.
My delegation takes note of the report of the Secretary-General contained in
document A/73/253. The report mainly highlights the activities of the UN in
enhancing the rule of law in the national level, and we commend the support
provided by the UN to the Member States. We also commend the role of the rule
of law unit in coordination between different parts in the UN system as well as
engagement with Member States in providing technical assistance. Moreover,
although the report has alluded controversial issues such as IIIM and death
penalty moratorium, it fails to address the important findings of the Special
Rapporteur on coercive measures which have submitted to the General Assembly
regarding the negative impact of unilateral coercive measures on the enjoyment
of human rights. It is noteworthy that the Special Rapporteur has got his
mandate from Human Rights Council and his findings fall within the scope of the
Secretary- General’s report.
Last but not least, it should be emphasized that each nation has the sovereign
right to shape its appropriate model of the rule of law and administration of
justice, based on its specific traditions, needs and requirements and there is
no single model for the development of the rule of law. National legislation
shall not serve as a tool for unilateralism and violate the basic principles of
international law or the sovereign rights of other states. A manifestation of
such prohibited wrongful act is waiving of the immunity of states under an
unsubstantiated legal doctrine that the international community does not
recognize. In this connection, the US has illegally and in flagrant violation of
international law confiscated billions of dollars of assets of the Government
and Central Bank of the Islamic Republic of Iran under the US courts’ rulings.
In this connection, a public hearing under the Case Concerning Certain Iranian
Assets now, is underway in the International Court of Justice and will continue
until 12 October 2018.
Mr. Chairman,
In conclusion, in our view, the challenges to the rule of law are deeply rooted
in unilateralism, disregard to the international law, foreign occupation and
disrespect to the common interest of international community as a whole.
Revising this path can be considered a first step toward achieving a rule-based
international order.
I thank you, Mr. Chairman.
Source:Tasnim