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Limitations of the UN's nuclear watchdog in Iran

Limitations of the UN's nuclear watchdog in Iran

Since Israel's military strike on Iran's nuclear facilities on 13 June, the U.N. nuclear watchdog that polices the global Nuclear Non-Proliferation Treaty has been unable to conduct inspections in Iran. The International Atomic Energy Agency has a number of inspection powers.

IS THE IAEA UNIVERSAL IN JURISDICTION?

No. The IAEA has separate agreements with other countries and is only responsible for the 191 signatories of the NPT. Iran is a signatory to the NPT, and is therefore subject to IAEA supervision. This includes inspections to ensure that nuclear material like uranium does not get "diverted", for example to be used in atomic weapons. Israel is the only Middle Eastern country widely believed to possess nuclear weapons, despite not being a signatory to the NPT. Israel doesn't confirm or deny possessing them.

The IAEA has signed a limited agreement that allows it to supervise some materials and facilities. This is a fraction of the material and facilities Israel has, and does not include any of the nuclear weapons programme widely believed to exist in Israel. Iran, by contrast, has a Comprehensive Safeguards Agreement (CSA) with the IAEA under which it must account for all its proliferation-sensitive nuclear material, including every gram of enriched uranium.

Can the IAEA go anywhere, anytime in Iran?

No. No.

The IAEA had access to these facilities regularly until the attack. The IAEA said that since then the facilities have been "closed", and that inspectors are not allowed to enter.

HAS THE IAEA HAD PRIOR POWERS?

Yes. Yes.

The IAEA's oversight of Iran was the most extensive ever.

As part of the 2015 pact with the IAEA, Iran agreed to add the Additional Protocol to the CSAs of countries. The IAEA created this protocol to increase its ability to prevent nuclear proliferation. Iran has signed the Additional Protocol but not ratified it. The Additional Protocol grants the IAEA the ability to conduct snap inspections, which are short notice visits to places that Iran may not have declared as nuclear related.

Why does it no longer have such sweeping powers?

In 2018, President Donald Trump, during his first term in office, pulled the U.S. from the 2015 nuclear agreement, reimposing U.S. sanction on Iran, which had been lifted under the agreement.

As a result, Iran started pushing beyond the limits of the nuclear deal the following year. It also reduced the additional IAEA supervision introduced by the agreement.

In February 2021, Iran announced that it would not be fulfilling its additional commitments made under the 2015 agreement. This included the implementation of the Additional Protocol. The IAEA agreed to continue monitoring equipment, such as surveillance cameras, added under the 2015 deal. However, Iran ordered their removal in June 2022.

What was lost with the extra Oversight?

Snap inspections, an important tool for IAEA oversight, were removed. The IAEA's reduced oversight left blind spots where extra oversight was applied.

IAEA says that because it has been losing "continuity" of knowledge for many years, it won't be able fully to piece together what has happened. This includes the production of centrifuges, their inventory and some key parts of centrifuges as well as Iran’s stock of “yellowcake” – uranium which hasn’t been enriched. It is not impossible that many centrifuges, which are still unaccounted for, will be used in secret to enrich uranium at an undeclared site. A small warehouse would make it easy to conceal such a facility.

IAEA cannot guarantee that Iran's nuclear activities are entirely peaceful, but there is no evidence of a coordinated nuclear weapon programme.

What if Iran pulls out of the Non-Proliferation Treaty?

Iran has threatened withdrawal from the NPT while also saying that it will not develop nuclear weapons in the event of such a development.

Tehran complained that the non-proliferation treaty failed to protect them from an attack by the United States and Israel, two countries widely believed to possess nuclear weapons.

The NPT allows a withdrawal by a country with three months notice, "if they decide that extraordinary events relating to the subject of this Treaty have compromised the supreme interest of their country".

North Korea, the only country that has announced its withdrawal from NPT in 2003 is North Korea. It was this country who expelled IAEA inspections before testing nuclear weaponry. (Reporting and editing by Mark Heinrich; Francois Murphy)

(source: Reuters)