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      The Guardian view on the Iranian nuclear deal: hopes grow for the JCPOA, but time is tight | Editorial

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      Good news does not always arrive in obvious forms. Six years ago, the Iran nuclear deal was a diplomatic triumph earned by a long and painful process. This weekend saw a much more modest but equally necessary victory. Though Iran has reduced the International Atomic Energy Agency’s access for ensuring compliance with the deal, a three-month agreement reached on Sunday will allow continued monitoring. As the director general of the IAEA, Rafael Grossi, observed, it “salvages the situation for now”. The fear has been that though Tehran’s non-compliance has been carefully calibrated to date, its next steps might be irreversible.After four years of havoc wrought by the Trump administration, which abandoned the Joint Comprehensive Plan of Action (JCPOA) and did its best – or worst – to kill the deal, this is welcome news. It indicates new political will and flexibility on the part of Iran as well as the US. There is now a real prospect of informal talks, brokered by the EU. Tehran appears reassured that the Biden administration does not plan to leverage Donald Trump’s sanctions to gain more concessions, as it had suspected. So there is more time on the clock – but not much. The supreme leader’s speech on Monday, saying that Iran could enrich uranium up to 60% if needed is a reassurance to hardliners internally as well as a reminder to the US. A short-term fix must pave the way for a longer-term solution. On the US side, the Biden administration’s rhetoric and appointments, alongside its coordination with the “E3” – Germany, France and the UK – indicate an eagerness to make progress. Both governments face formidable domestic opposition. Joe Biden has a huge agenda and limited political capital. In Iran, the short term IAEA deal was bitterly attacked in parliament. Elections in June are likely to see hardliners more hostile to the US prosper, though a more unified political establishment might in some ways simplify matters. In moving before President Hassan Rouhani leaves office in August, the two sides will be dealing with familiar faces and the US can draw on his attachment to the deal. The longer diplomacy takes, the more progress Iran will make on its nuclear programme.Credit is due to the E3 for shoring up the JCPOA against the odds, despite intense pressure from the Trump administration and its inability to find an effective economic mechanism for support. That commitment has paid off. But much more still needs to be done to save the deal. The US does not want to look like it is going easy on Tehran. But it could quietly end its obstruction of Iran’s $5bn (£3.5bn) IMF request for Covid relief, or give the nod to the release of frozen funds in other countries under arrangements ensuring they are used for humanitarian purposes.The ultimate obstacle is the credibility deficit left by Mr Trump. Iran is all too aware that a new administration may not only discard but trample on its existing commitments. That means that a “more for more” process to go beyond the deal and resolve outstanding issues regarding missiles and regional relations will be ultimately be more necessary than ever. The Trump years have shown that a narrow deal like the JCPOA cannot be stable in the current environment. But there can be no progress without a return to it. More

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      in World Politics

      The US Senate Is a Global Problem

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      Watching the Senate conduct the second impeachment trial of former US President Donald Trump brought back a flood of memories from high school. I distinctly remember an earlier incarnation of those Trump-friendly Republican senators taking up their positions at the back of class to snicker, yawn ostentatiously and otherwise disrupt the serious, well-researched presentations of their fellow students. Then, when it was their turn to present, the back-row rowdies were so embarrassingly unprepared that it was hard not to laugh in return.

      The slavish devotion of the Senate miscreants to their imperiled leader and their casual dismissal of the January 6 violence, meanwhile, was like a modern-day replay of that grade-school classic “The Lord of the Flies.” In the Senate version, Trump played the part of the pig’s head, Josh Hawley was the pathological Jack, and Mitt Romney was the hopelessly conflicted Ralph who escaped the violence of the mob only thanks to the timely intervention of Officer Eugene Goodman, who stepped in at the last moment just like the British naval officer at the novel’s conclusion.

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      Finally, the acquittal of the former president was like the slap on the hand administered to one of my school’s handsome star athletes for one of his many transgressions. Boys will be boys, Trump will be Trump and, alas, Mitch McConnell will be perpetually “a dour, sullen, and unsmiling political hack.”

      The display of juvenile behavior during the Senate trial was nauseating, and the verdict was an embarrassment. But the Senate poses a much more serious problem than even this impeachment circus suggests.

      When it comes to global issues, the Senate has been an enormous impediment to achieving peace, justice and environmental sustainability. More so even than the US president, the Senate has been the chief engine of American exceptionalism. It’s grimly fitting, then, that it has struck out twice in its duty to convict the supreme avatar of exceptionalism in modern American politics, a president who believed himself above democracy, above morality and above the law.

      Senate Power

      Senators love to call their chamber the “world’s greatest deliberative body.” It’s where the most seasoned politicians, partially protected from the insane election cycle that their House counterparts must face, can mull over the most important issues of the days.

      It’s also a glaring example of the inequities of US democracy, with the two senators from Wyoming (population: 578,000) wielding the same power as the two senators from California (population: 39 million). Senate elections have tilted US politics in favor of rural, predominantly white and increasingly conservative voters by a factor of two or three over urban voters. Like the Electoral College, the Senate makes a mockery of the “one-person, one-vote” principle by effectively giving some voters much greater power than others.

      Embed from Getty Images

      But the Senate is a far bigger problem because of its oversized role in shaping U.S. foreign policy. Presidents have considerable leeway in conducting foreign policy, as the rollout of executive orders over the last years has made plain. Presidents can pull the country in and out of international bodies and multilateral agreements. They can slap tariffs on countries and sanctions on foreign individuals. Despite the limitations of the War Powers Act, they can still wage war for a full two months without any congressional interference.

      But the Constitution gives the Senate the sole power to approve, by a two-thirds majority, any treaties that the United States might be considering. As with the filibuster, however, this treaty power has as much influence in its threatened use as in its actual deployment.

      Consider the example of the 2015 Paris climate accord. The reason why all the national commitments to reduce carbon emissions are voluntary rather than mandatory is the US Senate. Secretary of State John Kerry, the US negotiator in Paris at the time, insisted on voluntary commitments because he knew that any mandatory requirements would need Senate approval. And the climate deniers in the Senate were sure to nix any such agreement.

      The Iran nuclear deal is, similarly, an agreement, not a treaty. This distinction allowed the Obama administration to secure congressional support short of the two-thirds majority required for a treaty. The Joint Comprehensive Plan of Action (JCPOA) — also known as the Iran deal — relies on various verification protocols to ensure compliance, not the signatures of the participating parties.

      These workarounds are more the rule than the exception. According to one academic study, US presidents negotiated nearly 4,000 executive agreements between 1977 and 1996 but only 300 treaties. Whether you consider these maneuvers to be an unacceptable short-circuiting of checks and balances or a reasonable method of overcoming the American exceptionalism of the Senate has largely depended on which side of the aisle you sit.

      The Graveyard of International Cooperation

      The Senate is where international treaties go to die. Currently awaiting the “advice and consent” of the body are 37 treaties, beginning with an International Labor Organization convention protecting the right to organize trade unions, which has been hanging out in the Senate for more than 70 years.

      Or consider the UN Convention on the Law of the Seas (UNCLOS), which has been ratified by 162 countries. The United States participated in the international conferences in the 1970s that produced this critical document that covers all aspects of maritime borders, navigation and commerce. US negotiators under three successive administrations — Richard Nixon, Gerald Ford and Jimmy Carter — were instrumental in crafting the language of the working text. After Ronald Reagan’s administration balked at some of the provisions, negotiators even amended the final version to reflect some of the US concerns. But the Reagan administration still wouldn’t sign the agreement.

      It would take the collapse of the Soviet Union, certain changes on the ground (actually, on the seabed) and a new administration (Bill Clinton) to bring UNCLOS to the Senate. The late and decidedly not great Jessie Helms said no for he held fast to his position that no foreign entity should impinge on US sovereignty. Lest you think this was a partisan issue, the George W. Bush administration subsequently pushed hard for the Senate to ratify the convention with the support of all living former legal advisers of the State Department. This time, despite the efforts of then-Senator Joe Biden, a different minority of hard-line Republicans, including Jeff Sessions, thwarted the bipartisan campaign.

      The United States generally abides by this important convention, so what’s the big deal? As a non-signatory, however, the US cannot participate in key commissions, such as the one on the limits of the continental shelf, where it could otherwise advance its interests or push a conservation agenda. If that irritates you, don’t send your letters of complaint to the United Nations. Send them to the Senate.

      The Senate has been a crowded graveyard for arms control initiatives. There you can find gravestones for the Comprehensive Test Ban Treaty (CTBT), various nuclear-weapon-free zones and the Arms Trade Treaty (which Trump dramatically unsigned in 2019). The CTBT has been signed by 185 countries, but it won’t go into effect until eight specific nations ratify it (including the United States). The Arms Trade Treaty has entered into force, so it is only dead to the US, which is problematic since America is the leading arms exporter in the world by a large margin. The resurrection of these treaties is, of course, possible, but only if the composition of the Senate were to change dramatically.

      The Senate also stands in the way of the United States participating in the strengthening of international law and the prosecuting of war criminals — by blocking ratification of the Rome Statute of the International Criminal Court. The Senate stands in the way of preserving what remains of the world’s precious biodiversity — by blocking ratification of the Convention on Biological Diversity. The Senate stands in the way of upholding the human rights of large swathes of the global population — by blocking treaties on disability rights, on the elimination of all forms of discrimination against women and on a variety of labor rights.

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      The Senate is also not above exercising its power on seemingly trivial matters. It has refused, for instance, to support a treaty that protects albatrosses and petrels. Jeez, hasn’t anyone in the Senate read “The Rime of the Ancient Mariner”?

      Of course, the Senate has displayed its remarkable intransigence in ways that go well beyond its advice-and-consent function on treaties. During the previous administration, among the 250 bills that the House passed and that McConnell blocked in the Senate were several immigration bills (the Dream Act, a measure to protect Venezuelans from deportation), several environmental bills (blocking drilling in the Arctic National Refuge, banning offshore drilling in the Eastern Gulf of Mexico), and a measure to provide visas to Kurds who supported US forces in Syria.

      Reform the Senate?

      Those who hope to reform the Senate have focused on changes to the rules. With the exception of certain bills, the threat of filibuster has made the Senate even less reflective of popular will by turning a simple majority into a 60-vote wall into which the Democrats are likely to crash into repeatedly over the next two to four years.

      “Dear centrist Democrats, you couldn’t even get 10 GOP votes to convict the guy who sent a mob to kill you all. You think you can get them to vote on issues like immigration/climate? Come on,” immigrant rights activist Erika Andiola has tweeted. “You have to end the filibuster and use every tool at your disposal to get things done.”

      It’s a good point, but why not think big? What about eliminating the Senate altogether? Roughly half of the world’s sovereign nations have only one legislative body. Plenty of these unicameral systems are democratic, including Costa Rica, Denmark, Greece, South Korea, New Zealand and Norway.

      Yes, I know, the smaller US states would put up even more resistance to the elimination of the Senate than they have to the proposed elimination of the Electoral College. Such an upending of the finely balanced compromises of the Founding Fathers would generate yowls of protest from constitutional literalists. Who could ever contemplate such a radical amendment?

      Victor Berger, that’s who. In 1911, the Wisconsin congressman introduced a resolution in the House to abolish the Senate. Berger was also the first socialist elected to Congress, so he was accustomed to taking contrarian positions. His proposed amendment to the Constitution began thus:

      “Whereas the Senate in particular has become an obstructive and useless body, a menace to the liberties of the people, and an obstacle to social growth; a body, many of the Members of which are representatives neither of a State nor of its people, but solely of certain predatory combinations, and a body which, by reason of the corruption often attending the election of its Members, has furnished the gravest public scandals in the history of the nation…”

      Those public scandals have continued all the way up to last weekend’s acquittal of a rogue president. Oh, Victor Berger, who will take up your mantle today?

      *[This article was originally published by FPIF.]

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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      in World Politics

      The Iran Deal vs. the Logic of History

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      The Associated Press offers an update on the standoff between the US and Iran over the Joint Comprehensive Plan of Action (JCPOA), also known as the Iran deal, from which Donald Trump as president spectacularly withdrew the US in 2018.

      Trump committed an act of pure will, with no serious legal argument related to the terms of the agreement. In the culture of international diplomacy, that usually signifies a betrayal of trust or an act of bad faith. In the democratic and free market tradition, the idea of a contract depends on the recognition of theoretical equality of status between the contracting partners. In real geopolitics, however, the hegemonic position of the United States means that acts of bad faith will always be permitted. It is a privilege of hegemonic power. Such acts will also be resented. 

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      Just as Trump made a point of undoing anything associated with the Obama administration, many people have expected that US President Joe Biden would follow suit, seeking to overturn everything Trump so deliberately sabotaged. The AP article reminds us of Biden’s campaign promise to “seek to revive the deal,” while noting that the new administration insists “that Iran must first reverse its nuclear steps, creating a contest of wills between the nations.”

      Today’s Daily Devil’s Dictionary definition:

      Contest of wills:

      A competition between two parties of approximately equal strength based on their refusal to agree on anything until one subdues the other by imposing a solution designed to narrowly avoid a catastrophe with uncontrollable consequences

      Contextual Note

      Many cultures feature the proverb, “Where there’s a will there’s a way.” A logical corollary of the proverb would be: Where there are two wills there is no obvious way. But as Gary Grappo, in an article on Fair Observer, explained this week, this contest of wills is not limited to Iran and the US. There are a number of other wills involved. And where there are several wills, the way will be extremely obscure. Or, just as likely, there will be no way at all.

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      Grappo, a former US ambassador and the current chairman of Fair Observer, reminds us that there is the will of the other signatories of the original agreement, essentially the permanent members of the UN Security Council and the European Union. In normal circumstances, faced with the prospect evoked by the Iranians of returning to the agreement they signed in 2015, the signatories would simply reaffirm their good faith, which has never wavered. But even if they were to express that intention, for the multiple reasons Grappo lays out in his article, the Biden administration is itself caught in the trap Trump knowingly laid out for future administrations. Because of its status as hegemon — aka the international bully who imposes the rules of the road in the name of democracy and civilized values — the US cannot allow itself to meekly admit that Trump’s obviously failed “maximum pressure” policy on Iran was an irresponsible mistake and a violation of the very idea of the rule of law. It’s a question of pride, but also of pressure from both rational and irrational voices.

      The situation contains two major absurdities, which everyone is aware of but no one dares to speak about. Grappo correctly reports that Secretary of State Antony Blinken and National Security Adviser Jake Sullivan “have promised that the US will consult with … regional allies like Israel and Saudi Arabia before making decisions or taking any action.” This could make sense if “consult with” amounts to nothing more than informing those nations of the state of negotiations. If it implies involving them in the discussion or seeking to accommodate their positions, there are two reasons to see this as wishful thinking, if not dangerous folly.

      The first is that if the debate is truly about Iran’s military nuclear capacity, the insistence that the Israelis have a role in the debate is patently absurd. Israel has accomplished — totally illegally and with the benediction of the Western powers — exactly what the JCPOA is designed to prevent Iran from achieving. Israel is a nuclear power that, at the same time, denies its status as a nuclear power. In a rational world, a renegotiated treaty in which Israel has its say would require the dismantling of Israel’s nuclear capacity. No intelligent and informed diplomat on earth could imagine Israel accepting that condition.

      The second absurdity concerns Saudi Arabia. Grappo evokes the need to address the question of “terrorism, terrorism financing, human rights, religious persecution, etc.” If Saudi Arabia’s interests were taken into account, the logical consequence of this would be to examine and eliminate the kingdom’s obvious practice of all those evils. The Saudis remain the heavyweight champions of Middle East terrorism. It was Saudis, after all (possibly with the complicity of members of the royal family), who engineered and executed 9/11, the only direct attack on the US since Pearl Harbor. For decades, the Saudis have been spreading Wahhabi jihadism globally, contributing to the rise of al-Qaeda and the Islamic State group. And who — other than Trump — can forget that it is Saudi Crown Prince Mohammed bin Salman who kills journalists working for The Washington Post and is not averse to imprisoning or killing anyone else who too publicly opposes his regime?

      And yet, on the subject of Israel and Saudi Arabia, Grappo tells us that “President Biden and his team will have to find a way to ensure that these governments’ concerns, fears and interests are taken into account.” If this has any meaning, that certainly means that there will be at least two wills too many in the contest

      Historical Note

      A former diplomat, Gary Grappo understands the thinking, positioning and maneuvering that must be going on within the Biden administration. He has presented a true and realistic account of the dilemma it is faced with. But the picture he paints is one of such a confusion of wills that imagining any solution with a reasonable chance of success requires believing in a world of diplomatic hyperreality — the equivalent of a stage play, where wills simply exist as the speeches characters express and never translate into concrete acts with consequences.

      The representation of geopolitics as a spectacle of hyperreality may please the media, who thrive by presenting it in living color. It keeps the pundits who depend on it for their livelihood talking and writing. It may even distract the public’s attention for short periods, as it once did for Roman emperors. But history has its own laws that will consistently undermine even the most solidly constructed examples of hyperreality.

      Embed from Getty Images

      Wills are not the only forces at play here. Underlying the quandary of how the US might return to the JCPOA is the evolution of global power and hegemony over the past three decades. It began with an earthquake: the collapse of the Soviet Union. 

      During the Cold War, the US could do pretty much anything it wanted in the so-called “free world,” knowing it was admired (for its dynamic economy), respected (for its power) and feared (for its might). Recent events have seriously reduced the level of admiration of the US across the globe. The actions of two presidents, George W. Bush and Donald Trump, have seriously diminished respect for American power globally. Waging war on the basis of an obvious lie (Bush) and conducting foreign policy on the basis of whims and threats alone (Trump) have significantly reduced the credibility of any “reasoned position” the US takes to justify any action. Finally, the long series of military fiascos since the Vietnam War, along with two economic fiascos in the past 12 years, have transferred the fear people used to have of US might to a fear of the inadvertent catastrophes its policies provoke.

      Barack Obama’s strategy with the JCPOA made some sense. It consisted of betting on the idea that a loosening of constraints would naturally provoke an evolution within Iranian society toward a less paranoid vision of the West and of America in particular. It would encourage what optimists like to think of as “the better angels” of the Iranian people. It also meant leaving the Middle East quagmire behind, a feature of Obama’s Asia Pivot. The process worked in a unified Vietnam once the US abandoned its mission to save the country from communism. The problem with such a strategy today for some people, including members of Congress, is that it scores no hegemonic points. And that is intolerable.

      *[In the age of Oscar Wilde and Mark Twain, another American wit, the journalist Ambrose Bierce, produced a series of satirical definitions of commonly used terms, throwing light on their hidden meanings in real discourse. Bierce eventually collected and published them as a book, The Devil’s Dictionary, in 1911. We have shamelessly appropriated his title in the interest of continuing his wholesome pedagogical effort to enlighten generations of readers of the news. Read more of The Daily Devil’s Dictionary on Fair Observer.]

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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      in World Politics

      Will the US and Iran Meet Jaw to Jaw?

      by

      On February 4, US President Joe Biden visited the US State Department, located down the street from the White House. He went to deliver a foreign policy message much needed by the men and women of that department and the nation. His audience was a receptive one, not surprising given that nearly all of the hundreds in attendance were career diplomats and civil service employees. He delivered exactly what they wanted to hear, affirming that, “You are the center of all that I intend to do … the heart of it.” That message dovetailed with his plans for an expansive reassertion of American diplomacy. It was necessary because American diplomacy had been absent for the last four years under the Trump administration.

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      The foreign policy agenda outlined by Biden variously referred to: fortifying ties with America’s key allies and partners in Europe and Asia; serving notice to Russian President Vladimir Putin that Biden will challenge, “in a manner very different from my predecessor,” Moscow’s cyber threats and authoritarian moves against neighbors; challenging America’s new nemesis, China, on human rights, intellectual property and global governance but also offering cooperation when it serves US interests; calling out Saudi Arabia on Yemen and Myanmar on the recent coup; and recommitting the US to defending democracy and human rights and to upping immigration numbers into the US.

      The one major foreign policy challenge staring President Biden directly in the face but not mentioned was Iran. During his election campaign, he had promised to re-enter the 2015 Joint Comprehensive Plan of Action (JCPOA), the nuclear accord with Iran from which then-President Donald Trump had withdrawn the US in May 2018.

      So Many Voices

      Not mentioning the subject in this — Biden’s first major foreign policy address of his brief presidency — may have been a wise course of action. First, his secretary of state, Antony Blinken, and national security adviser, Jake Sullivan, have promised that the US will consult with America’s P5-plus-1 partners — Britain, France and Germany — as well as regional allies like Israel and Saudi Arabia before making decisions or taking any action. Moreover, at this stage, speaking too critically or harshly so soon would only trigger further stubbornness and resistance from an already recalcitrant Iran. And speaking too hopefully would ignite strong pushback from members of Congress resistant to almost anything short of Tehran’s capitulation.

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      Rejoining the JCPOA is replete with challenges that Biden’s former boss, Barack Obama, also faced but badly mishandled. Both Blinken and Sullivan have indicated that simply re-entering the nuclear agreement cannot be this administration’s sole objective. Any agreement with Iran that lasts into and through the next Republican administration must also address Iran’s growing missile arsenal and its meddling behavior in the Middle East, including in Iraq, Syria, Yemen, Lebanon and elsewhere.

      Just getting these issues on the agenda with Tehran would be an achievement, given the Islamic Republic’s oft-stated opposition to such discussions. Nevertheless, Biden knows that to reach a genuinely enduring agreement that survives his presidency, these issues must be on the table. Iran’s supreme leader, Ali Khamenei, should also understand that for any agreement to offer his country predictability and stability in its international endeavors into the future, these issues are inescapable.

      Iran isn’t the only party with whom the Biden administration will have to negotiate. First, there are America’s allies who are part of the accord and who, for the last four years, have battled to keep the JCPOA on life support. It will be Britain, France and Germany who will run the initial interference for the US before it can meet face to face with the Iranians. Furthermore, the US will have to have their firm support before it can reach out to the other P5-plus-1 members, China and Russia. So, winning their support will be vital to the administration’s success.

      Second, there are America’s regional allies, most especially Israel, Saudi Arabia and the other Gulf states, who have a genuine — they might say existential — interest in the outcome of any future talks. There was considerable dissension among these countries in the run-up to the 2015 accord and in its aftermath. Some, most especially Israel, made their objections known publicly and undiplomatically. Nevertheless, their concerns were valid, and President Biden and his team will have to find a way to ensure that these governments’ concerns, fears and interests are taken into account.

      Moreover, any dialog addressing the regional issues — whether on Iran’s malign activity in the Middle East or perhaps even the presence of US forces in the region — will likely have to include these countries. (How that might happen is a mystery, given that states like Saudi Arabia and Iran don’t yet officially recognize Israel.) What is essential for the Americans, however, is that these governments are somehow a part of the negotiations and that whatever results from the next round of negotiations is acceptable to the nations of the region most impacted. Blinken and Sullivan, chastened by the experience of 2015 and what came after, undoubtedly understand this.

      The Invisible Partner at the Negotiating Table

      Then, there is the final and likely most challenging party to future talks. That is the US Congress. Securing congressional approval for a follow-on agreement(s) and ensuring it endures beyond the Biden presidency will depend on winning that body’s approval. While Biden probably will not submit any new agreement to the Senate for approval, as the Constitution requires for formal treaties, he will nevertheless need to have at least its implicit support.

      Biden cannot afford to make the mistake of Woodrow Wilson in 1918 with the League of Nations and President Obama in 2015 with the JCPOA. He must find a way to bring in key members from both the House and Senate, even if only indirectly, in order to ensure that whatever results reflects their concerns. If Biden and his team can satisfy the concerns of the other two major groups — America’s P5-plus-1 partners and regional allies — then they will likely have addressed many of Congress’ concerns. But he cannot afford either to take their support for granted or to neglect Congress. They will have to be engaged throughout the process.

      Complexity (Times 100): Iran and All the Issues

      Of course, there is also the heart of the issue: the longstanding distrust and animus between the US and Iran. The imperfect deal brokered by Obama and the withdrawal from it by Trump served to exacerbate these feelings among Americans and Iranians, respectively. So, the sides may be starting from a more difficult position than they did in 2012, when they initially began their dialog that culminated with the JCPOA. Hardliners on both sides have further hardened their positions, Republicans (and some Democrats, too) in the US and the all-powerful Islamic Revolutionary Guard Corps (IRGC) and its leadership in Iran. They’re not just polar opposites — they live at opposite ends of the galaxy.

      Embed from Getty Images

      Furthermore, the issues have been brought into stark relief as a result of the American exit and subsequent imposition of crushing sanctions on Iran, its leadership, banking institutions and the IRGC. The country’s economy is reeling, though it has managed to finally stabilize. But any notion or hope of significant growth that reaches rank-and-file Iranians and businesses is non-existent under US sanctions. In 2021 and beyond, a nation of some 84 million people must be a part of the international community and most especially the global economy. That can’t happen as long as US sanctions hang over Iran’s head. The choice is stark, albeit hard, for Iran’s leadership: continue on the path to nuclear capability or join the rest of the international community.

      Despite Iran’s early declarations, an immediate US return to the JCPOA and suspension of sanctions prior to some of the aforementioned talks are a chimera. The Biden administration hasn’t taken the bait and shouldn’t. With sanctions in place, Biden has an advantage, no matter how much he may have opposed them in 2018.

      The administration should use this advantage. So, at the very least, before rejoining the JCPOA, it should insist on Tehran’s acceptance of follow-on negotiations on: the various time horizons on Iran’s nuclear development with weapons implications; the range and numbers of missiles; more comprehensive inspections, including of military sites; and its involvement in countries of the region and support for various militias and groups almost universally viewed as terrorists. Iran’s hardliners see some of these issues — like missiles and support for militia groups in the Middle East — as necessary and even existential, but there may be no avoiding talking about them.

      Iran doubtlessly has its chronic issues with the Americans, from threats of regime change to menacing military presence throughout the region, including US Navy aircraft carriers off its coast to American Air Force heavy bomber flights near its borders. It will also want some guarantees that whatever is agreed this time has some assurance of continuing. Then there are America’s non-nuclear-related sanctions on Iran, e.g., those relating to terrorism, terrorism financing, human rights, religious persecution, etc. These also are likely to become issues in any future talks.

      The Main Thing

      Hanging over all of this is the justifiably feared nuclearization of the Middle East. There can be no doubt that a nuclear-armed or -capable Iran would inevitably trigger similar strategic moves by Saudi Arabia and perhaps the United Arab Emirates and Egypt. Such a development in the world’s most volatile region is nightmarish.

      Resolving these supremely difficult issues will come down to some hard diplomacy and earnest, patient dialog. There is no military solution. Nuclear weapons can never be one either. And, as the previous administration’s “maximum pressure” approach demonstrated, Iran cannot be sanctioned into capitulating.

      In the words of Winston Churchill, “Meeting jaw to jaw is better than war.” It’s time for both sides to set their jaws to work.

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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      Unchanged or Unchained: What’s in Store for the JCPOA?

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      When any new US president is inaugurated, especially when there is a change of party, the world expects some kind of serious change. Despite the fact that since 1992 every change of president has seen a change of the party in power, continuity has been the most consistent feature of those moments of transition. Every president has to embody change without betraying a system that insists on remaining permanent. 

      Over the next few months, observers will be wondering how President Joe Biden intends to play the game of balancing change and continuity, especially after Donald Trump’s radical attempt to rewrite the rules of the game. One of the key issues on which Trump carried out his fanatical zeal was the Joint Comprehensive Plan of Action (JCPOA), known as the Iran deal.

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      Biden’s team has affirmed its intention to rejoin the nuclear deal, breaking with Trump and returning to Barack Obama’s status quo. But voices in the Biden administration have indicated that it will only happen if there is a significant change in the terms, which was also Trump’s position. As speculation mounts concerning Biden’s intentions, Al Jazeera offers the following subtitle to an article on the JCPOA: “Iranian foreign ministry says deal ‘unchangeable’ after French President Macron calls for talks to include Saudi Arabia.”

      Today’s Daily Devil’s Dictionary definition:

      Unchangeable:

      Not subject to the normal practice of politicians, which consists of exploiting every absurd pretext available to them in a political game to move the goalposts before restarting a game that they have themselves interrupted

      Contextual Note

      Trump, the former US president, promised change and to a certain extent delivered it. The most significant change in US foreign policy he managed to accomplish was sowing confusion across the globe by practicing an incomprehensible policy labeled “America First.” When applied to the Middle East and led by his viceroy and son-in-law, Jared Kushner, it could have been called “Israel first.” This included some serious initiatives such as moving the US Embassy to Tel Aviv, endorsing the colonization of the Golan Heights, consolidating a kind of triumvirate of interests between the US, Israel and Saudi Arabia, and positioning Israel as an indefectible ally and trading partner of the Sunni oil states in the Gulf, thereby undermining the traditional obligation of Arab states to show solidarity with the Palestinian cause.

      Embed from Getty Images

      Withdrawing from the JCPOA in 2018 was an important component of Trump’s Israel first policy. For Trump, withdrawing from the deal was the ultimate symbol of his break with the politics of the Obama administration. Many assume that it will be the emblematic symbol of the Biden administration’s rupture with the Trump era. But it turns out to be far more complicated than just returning to the status quo ante Trump. Whether it’s the consequence of President Biden’s timidity or the success of Trump’s nationalistic propaganda, the Biden team appears to feel bound to imposing new conditions, perhaps to prove that Biden is not just a duplicate of Obama. Israeli interests play a role in that repositioning.

      The easiest route for a Democratic president would be to apologize for Trump’s hubris, call the whole thing a mistake and proclaim the USA’s good faith by quietly returning to the deal on the same terms after that inadvertent interruption. But to be credible, American presidents must show they are tough. True tough guys don’t bend to the other party’s terms even when they are the one that betrayed all the other partners’ trust. Tough guys require compensation for their willingness to make a friendly gesture.

      Curiously, French President Emmanuel Macron has stepped in to play a secondary tough guy role by casually insisting that Saudi Arabia should now be associated with the deal, a proposition that makes no sense at all. Macron has several good reasons to appear as a tough guy. He has an election coming up next year where he is pitted against the xenophobic Marine Le Pen. Part of his strategy in recent months has been to demonstrate that with Arabs and Muslims he’s capable of being a tough guy. He helpfully instructed the Muslim world in November 2020 that Islam was in crisis, just in case Muslims themselves hadn’t noticed. 

      Iran’s foreign ministry spokesman, Saeed Khatibzadeh, struck back with this cutting response: “If the French authorities are worried about selling their huge cargoes of arms to the Arab countries of the Persian Gulf, it is better to reconsider their policies.” The Iranians cannot have missed the fact that Macron offered his remarks not to the signatories of the agreement or even to his own French media, but to the Saudi TV channel, Al Arabiya. Khatibzadeh was spot on about Macron’s real motive.

      Historical Note

      Since 1992, the departure of every sitting US president has always been followed by the arrival of a president from the opposing party. In 2001, Republican George W. Bush promised to reign as a “compassionate conservative,” a strategy designed to reassure the nation and create a sense of continuity with the Democrat, Bill Clinton. Bush subsequently demonstrated the full extent of his compassion by offering massive tax breaks to the rich and then going to war with a major portion of humanity.

      Democrat Barack Obama owed his election to the enthusiasm of voters who rallied behind his theme of “hope and change” and his opposition to Bush’s wars in the Middle East. The Nobel committee was so impressed it immediately awarded Obama the Nobel Peace Prize. Once in action, “hope and change” oddly morphed into “pretty much the same thing,” but with better PR than the Bush-Cheney team. That consolidated a different kind of change, within the Democratic Party itself, which now felt totally comfortable embracing the traditional free market ideology of the Republicans. It fulfilled the trend that Clinton had launched in the 1990s.

      Obama, the peace candidate of 2008 who defeated the hawkish wife of Bill Clinton in the Democratic primaries, became the US president who dropped the most bombs on foreign countries. Under the Espionage Act, he arrested more of the whistleblowers he had promised to protect than all other presidents combined. He installed and defended a profoundly military conception of US democracy, which extended to the militarizing of urban law enforcement, to the extreme detriment of the black community. His practical understanding of change was to shift as far away from his campaign promises as possible.

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      Donald Trump presented himself in the 2016 election as the ultimate outlier. To win over the voters disappointed by Obama’s policies, he promised to change everything. He definitely changed the idea of presidential style and its methods of communication. Trump promised much more, such as draining the swamp and bringing home US troops after ending the wars. He did neither. Instead, the institutions of the US found themselves more deeply ensconced in an immobile status quo imposed by an oligarchy that had been in place for decades. What did change, however, was the image of the US across the globe. US prestige reached an all-time low.

      All this highlights the weird relationship US politics now has with the very idea of change. What was once framed as the nation’s historic mission to ameliorate the conditions of humanity by spreading democracy and modernizing the economy (the ideology some call neoliberalism) now could be seen as a cynical tactic for promoting any number of vested interests, all in the name of positive change. When Trump pulled out of the Iran nuclear deal and the 2015 Paris climate accord — two agreements that most of humanity considered vital to the future — the idea of change would always come from the whim of an executive suddenly achieved a legitimacy that no previous president had dared to affirm.

      Trumpism appears to have left a serious trace on all forms of political discourse in the US. It has validated cynicism and opportunism in a way that was previously unthinkable. It has modified the expectations of political actors and of the public itself. Although the accumulation of power by the executive has been in the works for some time, Joe Biden’s signing a mountain of executive orders in his first days in office validates the legitimacy of Trump’s innovation.

      Americans once believed that a signed contract was law and could not be changed even in changing circumstances. That assumption in US culture appears to have changed.

      *[In the age of Oscar Wilde and Mark Twain, another American wit, the journalist Ambrose Bierce, produced a series of satirical definitions of commonly used terms, throwing light on their hidden meanings in real discourse. Bierce eventually collected and published them as a book, The Devil’s Dictionary, in 1911. We have shamelessly appropriated his title in the interest of continuing his wholesome pedagogical effort to enlighten generations of readers of the news. Read more of The Daily Devil’s Dictionary on Fair Observer.]

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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      Biden presidency 'may herald new start for Saudi-Iranian relations'

      by

      An opportunity for a new beginning between Saudi Arabia and Iran has been presented by Joe Biden’s presidency, two leading Saudi and Iranians close to their diplomatic leaderships are proposing in an article in the Guardian today.The article is co-written by Abdulaziz Sager, the Saudi Arabian chairman and founder of the Gulf Research Center, and Hossein Mousavian, a former senior Iranian diplomat and now a nuclear specialist based at Princeton University.Their proposals are the fruit of a track 2, or backchannel initiative that has been under way privately for months.Their discussions are one of the few forms of private dialogue under way between Saudi Arabia and Iran, and to the extent that their discussions have been approved by serving diplomats in both capitals the initiative may signal a new willingness on both sides to the use the advent of the Biden presidency to explore an end to the years long enmity between the two countries.In an interview with the reformist Iranian newspaper Etemaad last week, the Iranian foreign minister, Javad Zarif, hinted at a new approach. He also accepted that opportunities for dialogue with Riyadh had been missed, adding that it was imperative that Iran was the pioneer in this enterprise.He said that “we have no territorial claim or interest in accessing the natural resources of other regional countries; therefore, it is Iran that can initiate this effort from a position of wealth. We shouldn’t wait for others.”Sager and Mousavian warn of the consequences if Saudi Arabia and Iran remain in conflict, writing that “we remain at the mercy of a single miscalculation that could turn the protracted cold war between our states hot, potentially ushering in disastrous consequences for the entire region”.They claim that both countries perceive the other as seeking to dominate in the region, with Riyadh convinced that Iran is trying to encircle the kingdom with its allied proxy supporters while Tehran views Saudi Arabia as in alliance with the US to undermine the Islamic Republic.“Riyadh charges Iran with interfering in the internal affairs of sovereign states like Yemen, Syria, Lebanon, Bahrain, and Iraq; Tehran sees Saudi Arabia doing the same in these very countries.”They urge both sides to agree – perhaps with the help of the UN – a set of principles around non-interference, the inviolability of national boundaries, rejection of violence, respecting the Vienna convention on diplomatic relations, respect for religious minorities and abandonment of the use of proxy forces to advance national interests. The principles also support the free flow of oil and navigation, and rejection of the procurement of weapons of mass destruction.The authors stress: “Postponing de-escalation would be a grave mistake, as the region has proved time and again that on the rare occasion that opportunities for constructive dialogue present themselves, they must be grasped swiftly before they vanish.”They admit that the task may seem impossible, but claim that both sides have taken steps to show they are willing to avoid an inescapable zero-sum confrontation, for instance by quiet cooperation over facilitating Iranian Muslim participation in the hajj pilgrimage.
On Thursday the French president, Emmanuel Macron, was reported as saying Saudi Arabia may need to be involved in any follow on to the Iran nuclear deal signed by Iran, the US, three European powers, China and Russia. There is a widespread expectation that if the US and Iran could get back into mutual compliance with the deal discussions about Iran’s relations with its regional neighbours would have to follow. More

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      JCPOA 2.0: A Pinch of Hope and a Dose of Reality

      by

      On January 18, in an interview with Bloomberg, Qatari Foreign Affairs Minister Sheikh Mohammed bin Abdulrahman Al Thani, speaking in the wake of the settlement of the Gulf feud, took the opportunity to argue that the Gulf Cooperation Council (GCC) should sit down with Tehran. “The time should come,” he said “when the GCC sits at the table with Iran and reaches a common understanding that we have to live with each other. Sheikh Mohammed expressed optimism that with the Biden administration in place, Iran and the US will “reach a solution with what will happen with JCPOA” and that, in turn, will “help (relations) between the GCC and Iran. Everything is interconnected at the end of the day.”

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      The fact that Joe Biden is bringing many of Barack Obama’s staff back to the White House, in particular Wendy Sherman as deputy secretary of state, is what may have buoyed the Qatari foreign minister’s optimism about a renewed Joint Comprehensive Plan of Action (JCPOA). Sherman was the lead US negotiator for the initial nuclear deal with Iran. Her new boss at the State Department will be Antony Blinken, a harsh critic of President Donald Trump’s decision to withdraw from the agreement. Biden’s designated national security adviser is Jake Sullivan. Both men are on record as wanting to bring America back into a JCPOA 2.0.

      Obama 3

      Though Oman played a key role in negotiations with the Iranians in the first deal, other Gulf states (Saudi Arabia and the UAE) were left out of the loop, which only added to their anxiety that the Americans were being played for suckers by Tehran. This time around, it is to be hoped (in what has been called by some analysts “Obama 3”) that lessons have been learned and there will be consultation with the GCC as new negotiations with Iran get underway.

      Embed from Getty Images

      If that happens, the Bloomberg interviewer asked, would the Qataris be interested in playing a lead role as facilitators this time around? Sheikh Mohammed replied that “we want the accomplishment, we want to see the deal happening. … If Qatar will be asked by the stakeholders to play a role in this, we will be welcoming this idea.” He affirmed that Qatar will support anyone conducting the negotiations because Doha has good relations with both Washington and Tehran: “Iran is our neighbor … they stood with us during the crisis.”

      That fact alone may give the Qataris the inside track should the Americans choose to use them as a bridge to the Iranians. And it would be a role that the Saudis, in their efforts to curry favor with the Biden administration while wanting to appear to stand up strongly to Iran, may find useful as well.

      Saudi Foreign Affairs Minister Faisal bin Farhan Al Saud has already staked out the kingdom’s position. In an interview he gave just ahead of the rapprochement with Qatar, he said Saudi Arabia was “in favor of dialogue with Iran” as well as “in favor of dialogue between the United States and Iran.” He went on to argue that the Trump administration had been open to dialogue but that it was “Iran that closed the doors to that dialogue.” That, it could be argued, is somewhat disingenuous, since Trump had adamantly refused, as a means of getting the Iranians to the table, to ease sanctions. Indeed, in the waning months of his presidency, he had ramped them even higher.

      Prince Faisal, though he called for talks, was clear that there must be “real dialogue” that “addresses significant issues of concern — not just nuclear non-proliferation … but also ballistic missiles and, most importantly, the destabilizing activity … Without addressing Iran’s malign role and Iran’s funding of armed groups and terrorist organizations in the region and its attempts to impose its will by force on other states,” Prince Faisal said, “we are not going to have progress.” In a message intended for the incoming president’s ears, he concluded: “I sincerely hope that the Biden administration will take that into account when it formulates its policy in the region, and I believe they will.”

      Time for War

      Meanwhile, a conservative Israeli think tank, the Jerusalem Institute for Strategy and Security (JISS), has just released a paper that says, forget about dialogue — it’s time for Israel to go to war with Iran. That sentiment is rooted in the author’s belief that the Iranians are hell-bent on securing nuclear weapons. Professor Efraim Inbar, the JISS president, writes that “Iran-Israel relations are essentially a zero-sum game, leaving Israel little choice but to act upon its existential instincts.” Noting numerous strikes by the Israel Defense Forces on Hezbollah in Syria and on Iranian-backed militias in Iraq, he argues that Israel is already at war: “Indeed, Israel has decided to wage a low-profile limited war, ‘the campaign between wars,’ to obstruct Iranian attempts to transform Syria and Iraq into missile launching pads.”

      Iran, Professor Inbar argues, will play a game of “talk and build” pretending to be serious about meaningful negotiations while building its nuclear capability — a point John Bolton, Mike Pompeo and others from the Trump administration have consistently made. “Essentially,” Inbar writes, “inconclusive talks preserve a status quo, a tense standoff in which Iran can go on uninhibited with its nuclear program. Indeed, bargaining, at which Iranians excel, and temporary concessions postpone diplomatic and economic pressures and, most importantly, preventive military strikes.” His solution is to suggest Israel “strike to pre-empt the return of Iran to the negotiating table.”

      And, despite the Abraham Accords, he doesn’t put much stock in Israel’s new friendships in the Gulf. To the contrary, he worries that “as Iran becomes more powerful in the region and the US security umbrella becomes less reliable, reorienting their foreign policy towards Tehran might become more attractive.”

      Granted, it is unlikely that Benjamin Netanyahu — preoccupied with keeping his political career alive as a way of avoiding prison — will seize on the professor’s bellicose strategy. That will be a relief, no doubt, to the Gulf states. The last thing they need is a war unleashed by their new Israeli friends right on the doorstep. Still, it points to the huge difficulties President Biden faces in attempting to revive the nuclear deal. His political foes and the right-wing media in America will move quickly to paint him as Tehran’s patsy. Regardless, the first step is to get the Iranians and the Americans around the table. Doha may be just about the best place to do that.

      *[This article was originally published by Arab Digest.]

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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      Trump loyalists aim to block Biden's goal to rejoin Iran and Paris agreements

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      Two prominent Trump loyalists in the US Senate, Ted Cruz and Lindsey Graham, are reportedly pressing the president to submit the Iran nuclear deal and the Paris climate agreement to the chamber for ratification, in a last-minute attempt to scupper Democratic plans to take America back into the accords.In a letter obtained by RealClearPolitics, Cruz, from Texas, urges both Trump and Mike Pompeo, the secretary of state, to plant the seeds of an eventual showdown over the two critical international agreements in the early days of the Biden administration.As Cruz describes it, by submitting the pacts to the Senate, Trump could pave the way for a vote that would fail to achieve the two-thirds needed to ratify them – thus blocking Joe Biden’s efforts to bring the US back in line with international allies.Cruz sets out the cynical ploy in his letter. He begins by praising Trump’s decision to pull America out of both the 2015 Iran deal, which restricted its nuclear program in exchange for the lifting of sanctions, and the 2016 Paris accords on reducing global emissions of pollution responsible for the climate crisis.“I urge you now to remedy the harm done to the balance of powers by submitting the Iran deal and the Paris agreement to the Senate as treaties,” Cruz writes. “Only by so doing with the Senate be able to satisfy its constitutional role to provide advice and consent in the event any future administration attempts to revive these dangerous deals.”Biden has pledged to rejoin the Paris agreement “on day one of my presidency”. He has similarly indicated he would revive the Iran nuclear deal as a top foreign policy objective – in both cases using his executive powers rather than relying on Congress.Cruz hopes that his tactic would cut across Biden’s intentions by declaring the accords foreign treaties which require two-thirds ratification in the Senate. Failure to achieve that margin – an impossible target in a narrowly divided chamber – would undercut any unilateral Biden move.Graham has been ploughing a similar furrow. In a stream of tweets last week the senator from South Carolina said he had been working hard “to secure a vote in the US Senate regarding any potential decision to reenter the Iran nuclear deal”.He added: “The Senate should go on the record about whether it would support or oppose this decision. Also believe Senate should be on record in support or opposition to any decision to reenter Paris climate accord.” More