Iran UN Envoy: UNSCR 2231, Use of Drones in Ukraine War Unconnected

Saeed Iravani made the remarks in a letter to the UN Secretary General Antonio Guterres, President of the Security CouncilMichel Xavier Biang, and facilitator for the implementation of the Security Council Resolution 2231, Fergal Mythen.

Here is the text of the Iranian ambassador's letter:

In the Name of God, the Compassionate, the Merciful.

Excellency,

Upon instructions from my Government and further to my letter dated 19 October 2022 (S/2022/776), I am writing with reference to a letter dated 21 October 2022 from the representatives of France, Germany, and the United Kingdom of Great Britain and Northern Ireland to the United Nations (S/2022/781) and a letter dated 21 October 2022 from the Permanent Representative of the United States of America to the United Nations (S/2022/782) addressed to the President of the Security Council in which an unfounded allegation has been made against the Islamic Republic of Iran.

It is ironic that these countries, particularly the three Permanent Members of the Security Council, accuse Iran of violating a specific paragraph of Security Council Resolution 2231 (2015), while they continue to be in flagrant violation of all their explicit legal obligations under that same resolution. A current example of this is the United States’ illegal withdrawal from the Joint Comprehensive Plan of Action (continued openly and unabashedly today as "bargaining leverage"), which is in material breach of the peremptory norms of international law, the Charter of the United Nations and Security Council Resolution 2231 (2015).

The authors of the aforesaid letters have desperately made every effort, including through disseminating unsubstantiated, undocumented, and erroneous information, raising inaccurate assumptions as well as resorting to totally flawed, arbitrary, and misleading interpretations of Security Council Resolution 2231 (2015), to establish an entirely artificial linkage between that resolution and the use of unmanned aerial vehicles in the ongoing conflict in Ukraine so as to seemingly justify their unfounded claims against my Country.

The wording, references, and requests in the aforementioned letters, even in the letter from the Permanent Representative of Ukraine dated 17 October 2022 (S/2022/771), are nearly identical, proving beyond a shadow of a doubt that this is a cunningly orchestrated attempt to advance the authors' political agenda. This includes clearly abusing and interpreting provisions of resolution 2231 (2015) in a way that is misleading and arbitrary, as well as undermining the independence, impartiality, and professional functioning of the Secretariat of the United Nations by manipulating its mandate.

As stated clearly in my letter dated 19 October 2022 (S/2022/776), the restrictions specified in paragraphs 5 and 6 (b) of Annex B to resolution 2231 (2015) have officially terminated on 18 October 2020, and since then, none of Iran's “supply, sale, or transfer of arms or related material” to other countries fall within resolution 2231 (2015).

Additionally, the claim made in the above said letters regarding the violation of paragraph 4 of Annex B to resolution 2231 (2015) is an erroneous, arbitrary, and yet misleading interpretation that contradicts the letter and spirit of that paragraph. That paragraph clearly refers to restrictions on items, materials, equipment, goods, and technology “that the State determines could contribute to the development of nuclear weapon delivery systems”. Iran has never produced or supplied, nor does it intend to produce or supply, items, materials, equipment, goods, and technology that could contribute to the development of nuclear weapon delivery systems.

Regarding the request to the Secretariat to conduct a so-called “investigation” in the context of resolution 2231 to assess the type of unmanned aerial vehicles used in the current conflict in Ukraine, I would like to underline that the resolution itself provides no legal basis for such an investigation. Further to that, and more importantly, I draw attention to the Note dated 16 January 2016 by the President of the Security Council (S/2016/44), which “sets forth practical arrangements and procedures for the Security Council for carrying out tasks related to the implementation of resolution 2231 (2015), particularly with respect to the provisions specified in paragraphs 2 to 7 of annex B to that resolution”. According to that Note, functions such as “monitoring the implementation of the resolution”, “answering inquiries from the Member States and international organizations regarding the implementation of the resolution”, and, more importantly, “responding appropriately to information regarding alleged actions inconsistent with the resolution” must be carried out only by the Security Council itself.

At the same time, according to that Note, the Secretariat of the Organization is asked only to “assist the facilitator in the organization and staffing of informal meetings of the Security Council related to the implementation of resolution 2231 (2015)”, “manage all incoming and outgoing communications related to the implementation of the resolution”, “draft correspondence, speaking notes and briefings of the facilitator related to the implementation of the resolution”, “maintain and archive all information and documents relating to the Security Council’s work related to the implementation of the resolution” and similar administrative services, and “perform any other task, upon request from the Security Council, to support the implementation of the resolution”, which was not the case to date. Accordingly, any misuse of the functions described in Note S/2016/44 for conducting the so-called “investigation” requested would be illegal and in clear violation of the Secretariat’s mandate. Furthermore, any findings resulting from such an illegal investigation would be null and void.

Against this backdrop, Iran cautions the Secretariat against conducting such an illegal investigation or engaging in any activity that advances and implements the Western States’ “instructions”, and urges the Secretary-General to prevent the conduct of any such flawed tasks by the Secretariat as well as refrain from reporting on such irrelevant requests and unsubstantiated claims in his subsequent report on the implementation of resolution 2231 (2015).

In light of the above, I categorically reject all accusations against my Country contained in the aforesaid letters as well as those raised by certain members and non-members of the Security Council during its meeting on the agenda item “Maintenance of peace and security in Ukraine” on 21 October 2022 (S/PV.9161).

I should be grateful if you could have this letter circulated as a document of the Security Council.

Please accept, Excellency, the assurances of my highest consideration.