Bharatah
Registered Member
What you are talking about is if the treaty had been fully complied with during the period, but it was not because in 2018, the US withdrew from it, so... there's a political problem:you don't understand how snapback works
any country can invoke it and once invoked you need unanimity to prevent it happening
Iran claims that its violations of the agreement (enrichment above the limit, stockpiles above the permitted level) are a response to the initial US violation (reimposition of sanctions in 2018).Therefore, if Europe tried to trigger snapback, Iran would argue that it cannot be punished alone, since the US also breached the agreement first.
→ In international law, there is a concept called the "exception of default" (inadimplementi non est adimplendum):
If one side breaches the agreement first, the other side can suspend its obligations. In other words, Iran would try to defend itself by claiming:
"I'm not violating unilaterally—I only suspended my commitments in response to the US breaching the agreement."
This would be Iran's legal defense against a potential European snapback.
Relevant article:
A State party may invoke a substantial breach of the treaty by another party as grounds for suspending its obligations.
A substantial breach includes: Failure to comply with a provision essential to the achievement of the purpose of the treaty.
In other words:
Therefore, according to Article 60 of the Vienna Convention, Iran is legally authorized to suspend its obligations, such as:
- Uranium enrichment limits
- Fissile material stockpiles
- Inspector access
This does not constitute a unilateral violation, but rather a proportionate response to the US's previous non-compliance.This type of response is precisely what is called a legitimate countermeasure in international law.
# According to the Convention on State Responsibility for Internationally Wrongful Acts (2001, UN International Law Commission):
A State that violates an international obligation (such as respecting an agreement validated by a UN resolution) incurs international responsibility.
The injured State (Iran) may, under certain conditions:
- Suspend compliance with related obligations
- Take legal retaliatory measures ("countermeasures")







