WANA (Aug 23) – With the growing likelihood of the “snapback” being activated by the three European countries in the JCPOA, legal debates about the feasibility of such activation and the reimposition of UN Security Council sanctions against Iran have drawn attention.

 

Mohsen Abdollahi, professor of international law at the university, wrote in a detailed note on his account on the social network X:

 

“The arguments that the European Troika, due to their positions or repeated breaches, are no longer ‘participants’ in the JCPOA and therefore legally lack the right to use the snapback mechanism will not get anywhere, because to activate this mechanism, they do not need the confirmation of any third-party oversight body.”

 

He added that while it must be acknowledged that, under the JCPOA, they do have the possibility of pulling the trigger, they nevertheless lack the necessary legitimacy to do so. He explained:

 

This concern over the absence of legitimacy is evident in the Troika’s letter to the Security Council dated 8 August 2025. Therefore, it is better for Iran to emphasize the Troika’s lack of legitimacy in resorting to the snapback mechanism, including for the following reasons:

 

  • Failure to implement JCPOA commitments due to their silent alignment with U.S. unilateral sanctions and the policy of “maximum pressure” after America’s unlawful withdrawal from the JCPOA;
  • Failure to activate the claimed INSTEX mechanism;
  • Lack of belief in the JCPOA by supporting the American “zero enrichment” plan, while the JCPOA recognized enrichment and only limited its level for a certain period;
  • Failure to condemn Israeli and American attacks on JCPOA-covered facilities, and even expressing approval and delight at them.

 

The professor of international law stressed: The legal essence is the same as what the International Court of Justice stated in its 1970 advisory opinion on Namibia: a party (or participant) that has itself repeatedly violated an agreement cannot then claim the right to use provisions of that agreement. Such use would be contrary to the principle of good faith and to estoppel.

 

Abdollahi concluded: It must be emphasized that the Troika cannot use the mechanism provided in Articles 36 and 37 of the JCPOA without first resorting to the dispute resolution procedure contained in those very articles. In legal terms, resorting to the dispute resolution mechanism is a precondition for sending a letter invoking the snapback to the Council, whereas the Troika has ignored this requirement.

Mohsen Abdollahi, professor of international law at the university

Mohsen Abdollahi, professor of international law at the university. Social media/ WANA News Agency