The United States and Russia are in disagreement over the legality of a potential sale of Sukhoi Su-30 'Flanker' combat aircraft to Iran.
While the US government announced on 5 April that it would use its veto in the UN Security Council to block any such sale, the Russian government stated on the same day that no veto could be applied in this case.
Speaking at a US Senate Foreign Relations Committee hearing, US under secretary of state for political affairs Thomas Shannon said, "The sale of Su-30 fighter aircraft is prohibited under UNSCR [UN Security Council Resolution] 2231 without the approval of the UN Security Council and we would block the approval of any sale of fighter aircraft under the restrictions."
The head of the Russian Foreign Ministry's department for non-proliferation and arms control, Mikhail Ulyanov, was reported by state media to have responded that, "Such deliveries are not prohibited. They are allowed and this follows from the text of the resolution."
As with all official documents, the UNSCR 2231 that followed this agreement is open to different interpretations. That said, it seems pretty clear on the issue of arms sales to Iran.
Under the resolution, the blanket UN conventional arms ban against Iran will remain in force for five years from the Adoption Day of 18 October 2015 or until the International Atomic Energy Agency (IAEA) submits a report confirming Iran's compliance, if this occurs earlier. Without the IAEA's confirmation of compliance, Iran would therefore be prohibited from receiving the Su-30 fighters until 18 October 2020.
Da hat die US-Regierung recht (Ein Vertragsabschluss wäre - sofern über die "Broader Conclusion" nicht früher berichtet wird - frühestens am 18. Oktober 2020 möglich.) - aber das Völkerrecht wird in der Realität ja recht weit gedehnt:
- Resolution 2231 (2015)
Adopted by the Security Council at its 7488th meeting, on 20 July 2015
JCPOA Annex II – Sanctions-related commitments
The sequence of implementation of the commitments detailed in this Annex is specified in Annex V (Implementation Plan) to this Joint Comprehensive Plan of Action (JCPOA).
A. European Union
1. The EU and EU Member States commit to terminate all provisions of Council Regulation (EU) No 267/2012 (as subsequently amended) implementing all nuclear-related sanctions or restrictive measures as specified in Sections 1.1-1.10 below, to terminate all provisions of Council Decision 2010/413/CFSP (as subsequently amended), as specified in Sections 1.1-1.10 below, and to terminate or amend national implementing legislation as required, in accordance with Annex V:
1.8.1. Sanctions on arms (Articles 1(1)(c), (3) and (4), and 3 of Council Decision 2010/413/CFSP; Articles 5(1)(a) and (c), 17(1) and (2)(a), and 19 of Council Regulation (EU) No 267/2012); and
1.8.2. Sanctions on associated services for the category above (see the references above).
Annex B: Statement
As provided by a resolution so deciding, the following provisions would apply on the date on which the IAEA Director General submits a report verifying that Iran has taken the actions specified in paragraph 15.1-15.11 of Annex V of the JCPOA:
1. The term “all States” as used in this document, and as incorporated in the resolution, means “all States without exception.”
3. Iran is called upon not to undertake any activity related to ballistic missiles designed to be capable of delivering nuclear weapons, including launches using such ballistic missile technology, until the date eight years after the JCPOA Adoption Day or until the date on which the IAEA submits a report confirming the Broader Conclusion, whichever is earlier.
5. All States may participate in and permit, provided that the Security Council decides in advance on a case-by-case basis to approve: the supply, sale or transfer directly or indirectly from or through their territories, or by their nationals or individuals subject to their jurisdiction, or using their flag vessels or aircraft, and whether or not originating in their territories, to Iran, or for the use in or benefit of Iran, of any battle tanks, armoured combat vehicles, large caliber artillery systems, combat aircraft, attack helicopters, warships, missiles or missile systems, as defined for the purpose of the United Nations Register of Conventional Arms, or related materiel, including spare parts, and the provision to Iran by their nationals or from or through their territories of technical training, financial resources or services, advice, other services or assistance related to the supply, sale, transfer, manufacture, maintenance, or use of arms and related materiel described in this subparagraph.
This paragraph shall apply until the date five years after the JCPOA Adoption Day or until the date on which the IAEA submits a report confirming the Broader Conclusion, whichever is earlier.
6. All States are to:
(a) Take the necessary measures to ensure that any activities described in paragraphs 2, 4, and 5 occur on their territories, or involving their nationals or individuals subject to their jurisdiction, or involving their flag vessels or aircraft, only pursuant to the relevant terms of those paragraphs, and also to prevent and prohibit any activities inconsistent with these provisions, until the date ten years after the JCPOA Adoption Day or until the date on which the IAEA submits a report confirming the Broader Conclusion, whichever is earlier;
(b) Take the necessary measures to prevent, except as decided otherwise by the UN Security Council in advance on a case-by-case basis, the supply, sale, or transfer of arms or related materiel from Iran by their nationals or using their flag vessels or aircraft, and whether or not originating in the territory of Iran, until the date five years after the JCPOA Adoption Day or until the date on which the IAEA submits a report confirming the Broader Conclusion, whichever is earlier;
Iran shows underground ballistic missile launch base (10. März 2016)