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Political pundits are of the opinion that the JCPOA’s dispute resolution mechanism, which outlines a specific process for addressing concerns about non-compliance, is intended as a last resort after such measures as consultations within the JCPOA Joint Commission, referral to a ministerial-level meeting, and potentially referral to an advisory board have been exhausted, and any attempts to haphazardly activate snapback without fully exploring these diplomatic avenues would be frowned upon under the agreement.
Beyond the legal complexities, the E3 faces significant moral considerations as the imposition of snapback would likely have devastating consequences for the Iranian people already suffering under the burden of illegal economic sanctions, the root cause of which is in the actions of the Trump administration.
Invoking snapback would likely be counterproductive as it would effectively kill the JCPOA and authorize the Islamic Republic to not only suspend its cooperation with UN nuclear watchdog but also probably prompt Tehran to walk out of the Nuclear Non-Proliferation Treaty (NPT).
Moreover, the moral authority of the E3 would be tarnished by the activation of snapback as they day in and day out feigned espousing multilateralism and commitment to dialogue but stood on the fence and witnessed the bombing of Iran’s nuclear sites by the American B2 stealth fighters and the “total obliteration” — as Trump boasted — of the Islamic Republic’s peaceful nuclear program.
In a detailed letter to the UN Security Council earlier in the month, Iran laid out its position and asserted that Britain, France, and Germany were no longer legitimate JCPOA participants with the authority to reinstate sanctions through snapback. The stance was championed by China and Russia, whose backing plays a critical role as both are permanent members of the 15-state body and have veto power over resolutions, including those related to Iran’s peaceful nuclear program.
In a nutshell, as the invocation of snapback is fraught with legal and moral challenges, any attempts by the European troika, which may have US-induced concerns about Iran’s nuclear program, to reinstate draconian sanctions on Tehran would further diminish their credibility on the world stage and divest them of mediation roles in future international disputes.
The whole world can in no way gloss over the E3’s non-fulfillment of JCPOA obligations and backstage complicity with the so-called US maximum pressure campaign against Iran after its illegal withdrawal from the 2015 deal, non-activation of the European INSTEX mechanism to succor Tehran with rejuvenating its sanction-battered economy, and their failure to condemn Israeli and US attacks on Iran’s nuclear facilities covered by the JCPOA.