Nonproliferation Misinterpretation

Yousaf Butt

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July 26, 2013

In a recent piece for Foreign Policy, former Obama Iran hand Robert Einhorn argues that Iran should not be allowed to enrich uranium because he feels Iran is not in compliance with its Nuclear Non-Proliferation Treaty (NPT) obligations, saying:

[W]hat is not debatable is that Iran has forfeited—at least temporarily—any right to enrichment (and reprocessing) until it can demonstrate convincingly that it is in compliance with its NPT obligations.

While this is something Einhorn may wish to be true, it is not correct on several levels. And if it's indicative of the viewpoint of American policymakers, this misunderstanding may be at the root of deadlock over Iran's nuclear program—a program that, according to the U.S. Director of National Intelligence, is not currently aimed towards weaponization. The Iran nuclear issue will not be resolved unless we come to grips with what the NPT is—and isn't.
Contrary to common belief, there is no agency or international body tasked with checking compliance with the NPT. And, even if there were, there is no automatic nuclear fuel-cycle “forfeiture” provision in the NPT, or any other legal instrument in existence. On both these counts Einhorn's argument is without legal basis.
http://nationalinterest.org/commentary/nonproliferation-misinterpretation-8780