In reality, however, Iran is not doing anything that violates its legal right to develop nuclear technology. Under the NPT, it is not illegal for a member state to have a nuclear weapons capability — or a “nuclear option.” If a nation has a fully developed civilian nuclear sector — which the NPT actually encourages — it, by default, already has a fairly solid nuclear weapons capability. For example, like Iran, Argentina, Brazil, and Japan also maintain a “nuclear option” — they, too, could break out of the NPT and make a nuclear device in a few months, if not less. And like Iran, Argentina and Brazil also do not permit full “Additional Protocol” IAEA inspections…
There are many other explanations for Iran’s uranium enrichment program other than that the country is embarking on a mad dash for nuclear weapons. The most objective reading of Iran’s intention to stockpile more 20 percent enriched uranium than it needs for running its research reactor is that it may be preserving a “breakout” option to weaponize in the future, should it feel under threat. But the important point is that, under the NPT, there is nothing illegal about stockpiling low-enriched uranium. And whatever options and ambitions that Iranians leaders may hold in their heads, however worrying, cannot be illegal…
Heinonen proposes a fuel swap to resolve the nuclear standoff: Iran would curtail its enrichment in exchange for foreign-supplied 20 percent enriched uranium fuel plates for its research reactor. In fact, in 2010, just such a deal was brokered by Turkey and Brazil but the United States could not take “yes” for an answer. Though Iran has just accepted an offer of new talks brokered by Turkey, new sanctions passed by Congress and signed into law by President Barack Obama have made it even more unlikely that the two sides can reach an agreement.
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