Legal Analysis of the Initiation of the Snapback in JCPOA by the America on the Basis of the International Law Perspective”

Following an agreement reached in 2015 on Iran's nuclear program and the regulation of the joint comprehensive plan of action (JCPOA), it was decided that all Security Council sanctions against Iran would be lifted with the adoption of a resolution by this body. However, in August 2020, the United States of America, which had previously terminated its membership in the JCPOA by formally withdrawing from it, claimed that Iran had violated its JCPOA commitments and called for the activation of the Snapback and reimposition of International sanctions. This US action, sparked debates about its legal legitimacy. Accordingly, the present study was written in order to answer the question of how legitimate is the US action in activating the snapback from the perspective of the principles and rules of international law? The results of the authors' descriptive-analytical studies, based on library sources and the analysis of relevant documents, confirm that JCPOA is a political agreement independent of Resolution 2231, and that the United States is no longer a "participating State of JCPOA" after withdrawing from this document and as a result, it lacks the legal authority to activate the snapback mechanism. In addition, the continuation of unbridled unilateralism in this country offers no other perspectives to the international community, other than weakening of the United Nations and the creation of international anarchy.