are so many claiming that Iran is complying with the deal, when evidence shows
By Alan Dershowitz
October 19, 2017
The evidence is mounting that Iran is not only violating
the spirit of the no-nukes deal, but that it is also violating its
letter. The prologue to the deal explicitly states: "Iran reaffirms that
under no circumstances will Iran ever seek, develop or acquire any nuclear
weapons." This reaffirmation has no sunset provision: it is supposed to be
Yet German officials have concluded that Iran has not given
up on its goal to produce nuclear weapons that can be mounted on rockets.
According to Der Tagesspiegel, a Berlin newspaper:
"Despite the nuclear agreement [reached with world
powers in July 2015], Iran has not given up its illegal activities in Germany.
The mullah regime also made efforts this year to obtain material from [German]
firms for its nuclear program and the construction of missiles, said security
Frank Jansen, a prominent journalist, has reported that the
"Revolutionary Guards want to continue the nuclear program at all
The International Atomic Energy Agency (IAEA) recently
stated that it could not verify that Iran was "fully implementing the
agreement" by not engaging in activities that would allow it to make a
nuclear explosive device. Yukiya Amano of the IAEA told Reuters that when it
comes to inspections which are stipulated in section T of the agreement
"our tools are limited." Amano continued to say: "In other
sections, for example, Iran has committed to submit declarations, place their
activities under safeguards or ensure access by us. But in Section T I don't see
any (such commitment)."
It is well established that Tehran has consistently denied
IAEA inspectors' access to military sites and other research locations. This is
in direct contravention to the Joint Comprehensive Plan of Action (JCPOA) and
bipartisan legislation set out by Congress, which compels the president to
verify that "Iran is transparently, verifiably, and fully implementing the
agreement." Yet, according to the Institute for Science and International
Security, as of the last quarterly report released in August, the IAEA had not
visited any military site in Iran since implementation day.
For its part, the IAEA has been complicit in allowing
Tehran to circumvent the agreement and act as a law unto itself. Consider that
after the deal was negotiated with the P5+1 nations, it was revealed that Tehran
and the IAEA had entered into a secret agreement which allowed the Iranian
regime to carry out its own nuclear trace testing at the Parchin complex a
site long suspected of being a nuclear testing ground and would report back
to the IAEA with 'selective' videos and photos. This arrangement which went
behind the back of Congress is especially suspect when considered in light
of the Iranian regime's history of duplicity.
To be sure, revelations about Iran testing the boundaries
of the JCPOA and crossing the line into violation are not new. While
many of these violations have not been disclosed by the previous U.S.
administration, or by the IAEA, there is a myriad of information and analysis
suggesting that Iran has previously failed to comply with several provisions of
the JCPOA. It has twice been revealed that Iran exceeded the cap on heavy water
mandated by the agreement, and has also refused to allow testing of its carbon
fiber acquired before the deal was implemented. Moreover, it has also been
reported that Tehran has found new ways to conduct additional mechanical testing
of centrifuges, in clear violation of the JCPOA.
These violations are not surprising when considering Iran's
belligerent posture in the Middle East. Iran continues to exploit the
instability in the region to prop up and fund terror groups such as Hamas,
Hezbollah and the Houthis, whose chants of "Death to Israel" are now
also accompanied by vows of "Death to America." For its part, the
Iranian-funded Hezbollah has an estimated 100,000 missiles aimed directly at
Israel. As such, it is clear that rather than combatting Iran's threatening
posture, the influx of money thrust into the Iranian economy, coupled with
ambiguities in the text of the agreement, have had the reverse effect of
emboldening the Iranian regime and fortifying its hegemonic ambitions. Iran also
continues to test its vast ballistic missile program and deny its own people
fundamental human rights.
Yet, even if Iran were to comply with the letter of the
nuclear agreement, it would still be able to build up a vast nuclear arsenal
within a relatively short timeframe. The approach adopted by the Trump
administration articulated in a statement delivered by the president several
days ago is justified by the realities on the ground. By announcing that he
is decertifying Iran's compliance with the nuclear agreement, President Trump is
giving Congress 60-days to act. Not only is President Trump giving the United
States back some of its leverage, but he is also sending a powerful message to
the rogue leaders in Iran and North Korea who are believed to have
cooperated on missile technology that the era of containment and deterrence
policies is over. The United States is returning to its original mission of
Interestingly, in the aftermath of President Trump's
address, the Saudi Press Agency reported that King Salman called the U.S.
President to offer his support for America's more "firm strategy" on
Iran and commitment to fighting "Iranian aggression." Israel's Prime
Minister, Benjamin Netanyahu, offered similar praise for the new U.S. posture,
saying in a statement that President Trump "has created an opportunity to
fix this bad deal, to roll back Iran's aggression and to confront its criminal
support of terrorism." It is no secret that these two previously discordant
states are now cooperating in unprecedented ways as they try to counter the
threat posed by a nuclear Iran. When Israel and the Gulf States are on the same
page, the world should listen.
The Saudi Press Agency reported that King Salman
called President Trump to offer his support for America's more
"firm strategy" on Iran and commitment to fighting
"Iranian aggression." Pictured above: President Trump and King
Salman of Saudi Arabia in Riyadh on May 20, 2017. (Image source: The
There are those that argue that by decertifying, President
Trump has undercut American credibility and sent a message to the world that it
can't count on one American president following through on deals made by his
predecessor. But the fault for that lies squarely with President Obama who
refused not only to make his deal a binding treaty, but also to seek
any congressional approval both of which would have assured greater
continuity. He knew when he signed the deal that it could be undone by any
The goal, of course, is not to undo the deal but rather to
undo its sunset provision and to make Iran keep the commitment it made in the
prologue: never to obtain "any nuclear weapons."
The available evidence now strongly supports the conclusion
that Iran is not keeping that commitment: that it is determined to develop a
nuclear arsenal capable of being mounted on intercontinental ballistic missiles.
If the current deal is not changed, it is likely that Iran will become the new
North Korea or worse before very long.