No rights no peace

Ms. Ebadi’s insistence that Iran surrender sovereign rights would do little to preserve peace


No rights no peace
by Daniel M Pourkesali

One can not argue with Ms. Ebadi’s statement [1] that nuclear energy is the absolute right of every nation and that all nations including Iran and the US must uphold and respect international laws. But her declaration that “the United States cannot have the right to deal with Iran outside the framework of international law” and insistence that Iran must abandon its rights under an international treaty to enrich uranium exposes her naïve unawareness of the very facts leading to Iran’s referral to the UN Security Council which was scrupulously executed by the United States through coercion and intimidation [2] outside that very framework of international law.

Latest statement by the International Atomic Energy Agency (IAEA) [3] confirms that all previously undisclosed Iranian nuclear activities and material have been accounted for and none were diverted to a nuclear weapons program meaning that Iran was in full compliance with its safeguards agreement which was the sole legal basis for persuading the IAEA Board of Governors to refer its case to the United Nations Security Council. IAEA statutes only permit a referral to the UNSC when there has been a diversion of fissile material for non-peaceful use.

Thus one could make a convincing case that absence of such violations of Article 19 of safeguards agreement would render the UNSC Resolution 1696 calling for a halt to uranium enrichment activity non-binding and would return Iran’s case to IAEA and Article IV of the Non-Proliferation Treaty (NPT) [4] which recognizes the "inalienable right" of every signatory state to have access to nuclear technology "to the fullest possible extent " and "without discrimination".

But a far more important fact often overlooked is that Iran or any other nation's right to nuclear technology does not originate from the NPT. It is a sovereign right already possessed by all nations regardless of their signatory status to this treaty. The NPT only recognizes these pre-existing rights which come from another fundamental principle of state sovereignty known as “jus cogens” [5], Latin for “compelling law” or "higher law" which can not be violated by any country.

Some of these principles are listed in the United Nations Charter under "Purposes and Principles” [6] Section -- Respect for equal rights and self-determination; sovereign equality of States; fulfilment in good faith of international obligations; settlement of international disputes by peaceful means; and prohibition of the threat or use of force against other States in any manner inconsistent with the purposes of the United Nations. UNSC resolutions seeking to deprive Iran of her "inalienable right" to technological progress based on non-existing violations of Article 19 safeguards agreement are contrary to these basic fundamental principles of international law.

The IAEA has repeatedly confirmed that there has been no such diversion and that all declared fissile material in Iran has been accounted for. Thus referral of Iran's file to the UNSC as a result of pressure on the IAEA Board members and coercion of India in the form of nuclear cooperation was in clear violation of the NPT and international law.

Benjamin Franklin has been quoted as saying “those who would give up liberty to purchase temporary safety deserve neither liberty nor safety. Ms. Ebadi’s insistence that Iran surrender all its sovereign rights to achieve peace with a handful of bullying western nations would do little to preserve peace and only serves to deprive Iran of its inalienable rights under international law.


[1] Radio Free Europe: Iran: Nobel Laureate Ebadi Founds Peace Movement

[2] The Hindu: India's anti-Iran votes were coerced, says former U.S. official

[3] CASMII: Full Text: Latest IAEA Report on Iran


[5] Wikipedia: Peremptory norm

[6] UN: United Nations Charter


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Where is your honesty?

by observer (not verified) on

The strongest argument against Iran's enrichment and in general nuclear progam is not that the UN Security Council is doing this or that. You may not like it, but the fact remains that the UN Security Council does represent the will of the international community. But every one knows that the Islamic Republic lost any credibility it had with other countries - and we are talking about their leaders and governments - because of its repeated deceitful behavior. Its leders have undermined regional governments, taken diplomats as hostages, thus challenging well established international norms; double talked everyone in everything (even the Syrians), etc. With such a record, who will trust them? Since they cannot be relied upon, nobody trusts them with a peaceful nuclear program as well. What the US and the UN, the 5+1, the EU, and the others are saying is merely a representative of what they and other countries feel about the Islamic Republic: untrustworthiness. No serious and honest person is debating who has the right to develop nuclear energy, etc, etc. That is the deceitful argument that the Islamic Republic has launched and is making. But one can see through it. The issue is that those running Iran are liars and nobody trusts their word, most of all the people of Iran. And nobody wants an unreliable person to own any destructive tool, least of all nuclear energy or knowledge. Unfortunately you too fall into that same category as your quotations of IAEA reports indicate insincerity as you are ignoring the spirit of the reports, and the fact that the IAEA has repeatedly said that Iran is not in full compliance of the IAEA rules, and has never been. Just because the IR presents the image that it is fulfilling some of the requirements does not make it reliable. Mistrust is a real and very deep rooted issue with the Islamic Republic, and I am sorry to say, with Iranian values.


Vaghti iran dar omor

by Anonymous123 (not verified) on

Vaghti iran dar omor keshvarhaye digar dekhalat mikonanad, khob digaran ham(amrika va dostan) ham hamin kar ra mikonand.
rasti yek soal az tarafdaran hasteh energy:

mellat iran cheghadr az naft sood bordeh ast keh hala az in yeki chizi behesh bereseh?


How many are you the Bastards?

by Anonymous 9 (not verified) on

The whole crowd of Islamists, shaved mozdoors, and Hezbollah thugs on this site should not be as much as the site arranges to look like.


Mehdi aziz and Masoud Jaan,

by Kaleem (not verified) on

Mehdi aziz and Masoud Jaan, great observations.


As its obvious, leftist do

by Nader - West Covina (not verified) on

As its obvious, leftist do not give a flying crap about what happens to the country. As I'm reading the posting on this article, I run into things like "We need to challenge the International system this:
1- We need to challenge modern world achievements such as U.N, IAEA, International treaties, technology, commerce....even if it means the isolation and destruction of our country. That is exactly what the IRI and their leftist allies preach. As more and more countries around the world, even former communist ones, are realizing the importance of using modern world achievements to their advancement, these backward leftists wants us to go back to the Stone Age.
2- Their real and true goal is the creation of a "worker paradise” even if we pay a price". Basically, that translates into “just as the real objective of Islamic fascism is to create an "Islamic Empire". So Iran, or any single nation, is a non factor to them. If Iran goes back 1000 years in history, if Putin and China plunder our wealth and enslave our sovereignty, if the majority of world public opinion thinks we are the greatest threat to the world security, that is not important. What important is to reach the ultimate goal.
3- Off course more and more Iranians are realizing the U.S bashing by the IRI and the leftist is nothing but OGHDEH, pure and simple. I mean if they are really worried about the sovereignty and independence of Iran, they would bash countries like Russia, whom historically have physically taken a good portion of our country away from us and till today, is continuing its czar-era policies towards Iran. Against Arab nations whom nothing would make them happier than the annihilation of the Iranian nation, ....not even a single word out of their OGHDEI mouth to mention any of the tens of thousand of examples about what the Russians, Arabs, French, and others have done to us.



by Anonymous - mo-yum (not verified) on

It is mo-yum. Thanks bro. I love and support what you are doing. THANKS for YOUR time that YOU take away from your personal life. Thanks bro.


Cowards shooting from their hips

by Javad agha (not verified) on

I agree that right comes first, then peace. I also agree that we should not keep fingering the bully. This bully is angry and can do harm.
Iran helped the bully in Afghanistan, even in Iraq, Iran helped, the idiot bully had audacity to call Iran names and take its people hostage who were recently released. Why some people such as MasoudA does not say anything about these things?


The USA and Israel are funding or supporting many terrorist organizations, why few people speak against them?

The author of this article is using his real name and has done research in writing his article. . . . being a coward and shooting from your hip would help solve our problems.


Thanks Mehdi

by Midwesty on

As you eventually said, I think the whole thing is not about being right or mature it is about bullying. What I am hearing from here and there says that there are many logical ways to deal with bullying but none of them suggests bearing the bully would be the solution. This article is precisely laying out this point. Perhaps, Iran has to find a way to talk to the logical side of the US not being logical for the bullying side of the US. I think Ahmadinejad's Columbia University speech was in that direction. As you mentioned there are still many logical Americans in charge and I hope they will prevail. 


To Midwesty

by Mehdi on

I believe tha answer is that as a nation unfortunately we do not have the mental capacity to deal with a large amount of power given to us. We just are not mature enough to handle the power that oil suddenly puts into our lap. But the solution is not to then destroy everything. The solution is to work towards maturity. And maturity comes from education, contact with other cultures, improving our understanding of the world, as well as our own culture. We cannot win much in a stand off or even a business deal with US or other big powers simply because we are not mature enough as a nation. Having one or two people educated enough or smart enough to deal with these issues is not enough. The whole nation needs to come up to a new level of education and understanding. And IRI could simply invest in that. I believe they don't, because they have a problem withing their own way of thinking. Their own beliefs does not allow for understanding of other cultures. These beliefs does not allow for much modernization because one aspect of modenization means contact and cooperation with other cultures and with people of other religions, mentality, etc. So these "leaders" get stuck. On the one hand they like to be a great nation, and on the other hand their belief that only they are right does not allow them to consider other beliefs and possibly grant them existence. So subconsciously they wish for a fight. They want to determine who is rightious through a fist fight. Otherwise Iran has no real reason to get into a fist fight with anybody. But when we see these powers taking our resources we get mad. Instead of making some kind of a deal and working hard to catch up, we seem to prefer to choose to fight and call it "national pride" or some other kind of pride. If we could simply admit that some nations have become more advanced technologically and even culturally and that we have much work to do, we could live with a little unfair deal until such time that we can have a bigger crowd of educated people. War and "pride" are easy way out - as hard as it is to believe. Working to improve a nation is the hard way. But in reality that is the only way. From little that I know about our own Cyrus the Great, he did not become successful because he had a huge army. He became successful and ended up commanding a huge army because he was wise in the first place. His successors couldn't even "maintain" an already large power. They inherited the power but no wisdom to go along with it. I know I am kind of going all over the place but I hope you can see what I am trying to say. We shouldn't let idiocy of George Bush misguide us. We need to understand that if Bush can be a bully now with so much power, it is because of the hard work of many during many years. It is unfortunate that Bush is acting like the successors of Cyrus and that he doesn't deserve the power. But inviting him to a fist fight is, I think foolish, and very unnecessary.


RE: Mehdi

by Midwesty on

Khatami did the exact things that you said if not more.

They helped them in Afghanestan greatly. They sent them a letter that they would leave alone the so-called M.E. peace process. They suspended the enrichment for over two years and what was the response? Putting Iran on the axis of evil?  


Just wanted to say marg bar

by mosafer (not verified) on

Just wanted to say marg bar velayate faghi jomhuri eslami va khameneyee va hezbollaiya va noche hashoon around the globe ke baes shodan yek melat be khari va nekbat eh motlagh berese.


To Midwesty

by Mehdi on

I am afraid I do not know the story of Ghajars and the giving away of those two states. But about the current scene, I think that if Iran stopped enrichment for now (while fighting it in the UN) and just concentrated on building the nuclear plants and obtaining the fuel from some other country, and also stopped trying to fix the Israel-Palestine issue by publicly attacking Israel (which in effect is attacking most powers of the world) and instead concentrated on less ambitious goals, it would not only harm Iran but also could push Iran up into a new level of power where it would not need to resort to public threats.


The Islamic Republic Artesh

by Sarbaz (not verified) on

I don't care of what political persuasions you are but you must laugh at these pictures.

I almost crapped in my pants from laughing so much at the 1st photo. Ali Gedda and his clowns.


One American Goozz can blow these clowns into oblivion.


Too Thick of a Skull to Undertstand

by Rend-e Maykhaaneh (not verified) on

This is an excellent and short overview of the current situation between Iran and its enemies. However, I think Ms. Ebadi’s skull is too thick to understand these kinds of analysis. She seems to be lost in her own delusions.


Re: Mehdi

by Midwesty on

How do you know Ghajars weren't thinking the same way that Ebadi does today, when they were giving out Gorjestan and Azerbayjan?


Right to nuclear power not urgent

by Mehdi on

What I was trying to say is that the right to develop nuclear power technology is not that urgent for Iran. To "fight" for that right to a point of putting the nation in danger of a war is not acceptable. And I think that is what Ebadi is pointing out, which I think is very correct. There are more urgent rights that the nation is missing. I do not care what the international law is regarding this - the point is that IRI should not fight this issue with so much ferocity, accepting so much threat. It will not damage Iran to stop enrichment and fight for it in the UN until it will be allowed to do so. That's the point. In an ideal world, yes, Iran has a right to enrichment but we don't live in an ideal world, do we? So it makes sense to not push an issue which is not that urgent for Iran and just wait for the international legal system to catch up, instead of putting a whole nation in the danger of war.


Jang Jang ta Piroozi

by Dokhtar Kosh (not verified) on

I hope this time the IRI and their cronnies stick with their promise of toughness to the end.
Last time they Shit their pants when saddam was coming across and they did their best to accept 598 in time. For once i hope they show they can do better than raping girls in prisons and actually go up against our boys (USMC and USN pilots). I really like to see them toughen it out.
As far as the Homo who writes this crap, as i said go backto Qom. I think he misses the mullahs in that special way that they are close to each other.


Bunch of Nonsense.

by masoudA on

I don't realy feel bad for all the payrolled mullah supporters (like this AN supporter babak) who herd in forums like this to paint Saars into canaries - as the mullahs have been doing for years.   People like our own Daniel here who is probabaly a college boy trying to get an A from his "Middle Eastern Studies" professor - under IRI payrol.   In case you don't know Daniel - all these middle eastern studies departments have been created by IRI/Alavi Foundation grants, with so called "professors" on IRI take and in their control.

 But to those who may actualy care for Iran -

The whole Iranian nuclear issue is a tool for the mullahs to divert attention.   Getting people to think about issues other than economy, inflation, security, justice, education, ............. and other basic needs.   Get it ?    Do you realy trust IRI with a nuclear program ?  developed with stolen and ransomed old technology which has already illustrated it's ugly face of failure in Chernioble.   Do you even know what nuclear waste is ? what are your plans about nuclear waste - tell us if you dare!   Sovernity of Iran is tied to independence from IRI's Arab mullahs and it's Palestinian, Lebanease,....... goons along with the Brit Lords who control them.   


Daniel: You have a few points, but missing a lot

by Alan (not verified) on

Unfortunately you did not cover the whole story, your partial coverage is dishonest at best to describe.
You have linked your argument to a few none-conclusive reports but did not link many other crucial reports/facts including other IAEAs reports and comments, where they are contrary to your other links.
You also misread and misunderstood Ebadi's message and reported your own bias, self fulfilling interpretation which seems is not neutral.
Disclaimer: 1-I do not like Ebadi's interaction toward democracy in Iran, she could have done much more as a world recognized celebrity; despite knowing difficulties one can endure living in Iran, trying to deal with the regime's thugs.
2-I believe Iran must have nuclear tech, but not under this regime. I also believe that we need more renewable energy (i.e. solar, wind energy) and with cost of erecting one nuclear plant, we can have 8 to 10 gas energy plants, knowing
we have inventory for next 200 years.
3- I am against military action against Iran and any other country. Finally I know and believe the IRI and its constitution is inhuman, unjust, undemocratic, backward regime and have no doubt that we will see the end of this regime sooner or later , hopefully sooner.


move to Qom

by Dokhtar Kosh (not verified) on

pls move back to Qom.


Thank you Daniel

by Nazanin Ghasemian on

For reminding us about sovereignty - the principle guiding the UN charter. The Iraq invasion made that word and its significance fade in a lots of minds, but you've done a damn good job of explaining Iran's in this case. Thank you for another great article voicing an important position - one of support for law and fairness.


Daniel: We are proud of you for depth, thoughtfulness, and

by Soheila Gharebaghi (not verified) on

We are proud of you. You are among the Iranians (or Iranian Americans, whichever the case may be) that represents his nation's ideals and hopoes in a true way as a journalist would. Keep up the great work you are doing. We need just and balance voices in this forum, not just the voices of "$ 75 M Club members".




by Anonymous 44 (not verified) on

khahar or Bradar Hoder or what ever your fake / real name on the Embassy's payroll is. Why you and other gosty IRI's Mozdoors like Q, Mehdi, Ommani, Soraya, and some other characters do never support one of hundred thousands of IRI's victims. Is that not too obvious that every school child knows that your are cheep Mozdoors? Is not your mozdoori for your stupid mind masters too obvious?


what's going on?

by AnonymousIam (not verified) on

what's going on?


What happened to your picture, Danny?

by Mahmoud (not verified) on

Good to hear that you are more concerned with nuclear rights than with human rights. By the way, why did you replace your own picture with the Shahyad Tower? Is it because of all the comments saying that you look like a retard? I can't say I disagree with them.


Excellent article -

by Arezu (not verified) on

Dear Daniel:

Thank you for an excellent article and reminding Ms. Ebadi about international law. It is not Iran who is isolating itself, but the U.S. who intends to control a UN member state from exercizing its right through its veto power.

As a lawyer Ms. Ebadi should understand the law before she makes such an absurd statement. Iran as a signatory to the NPT has every right to develop nuclear energy for peaceful purposes and its case was illegally taken to the UNSC by the U.S. and its European allies.

If Iran as a sovereign nation gives up this right what other right should Iran give up through coercion to appease the super power? Before she lectures Iran she should ask the U.S. what right it had to take Iran's case to the UNSC in the first place?

Mohammad Ala

Thank You.

by Mohammad Ala on



Thank you for your time.  I agree with you, No right, No peace. 


As Parviz mentioned, you are a caring person.


Thanks for your efforts

by Parviz (not verified) on

Daniel jaan; thanks for your time and efforts.
Please ignore the Olagh's who speak from their other end.
You are writing for the people of Iran. Thanks.


i support ahmadinegad i

by babak123 (not verified) on

i support ahmadinegad
i support iranain governmnet in getting nuclear tchnology. i am proud to have a preisdent such as ahmadinegad. brave man which stood up to the west. i feel sorry for taitor . and if sombody get upset for this, be kiram


A great call for equality...

by tinoush on

great analysis! For millenia, there has been a single international law: "might is right." Since it's creation, the UN has been used as a tool to give that law a visage of fairness and equality, such as the security council veto power given to the permanent members. The formal name of it, "great power unanimity," speaks volumes about what the true international law is: power = law!

The only way to change this system is to challenge it, even if it means paying a price.