A recent ruling by the International Court of Justice instructing the United States to ease some of its sanctions against Tehran could smooth the path for the European Union to meet its commitments under the 2015 nuclear deal, an expert on international affairs said.
Speaking to ISNA, Davoud Hermidas-Bavand added that the order is to Iran's benefit in legal, political and moral terms and can help moderate global public opinion toward the country.
"Europe is facing challenges in carrying out its obligations regarding the nuclear accord and the ruling can clear the way for their [pro-Iran] decision-making," he said.
Following Iran's lawsuit against the US before the ICJ in July on the basis of the 1955 Treaty of Amity, the court issued a ruling on Wednesday ordering the US to ensure its sanctions will not undermine humanitarian trade and civil aviation safety.
Although the order is binding, the US is unlikely to abide by it. Its immediate withdrawal not only from the 1955 Treaty of Amity but also from the optional protocol of the Vienna Convention on Diplomatic Relations (concerning the compulsory settlement of disputes) indicates that it has no intention to respect the ICJ order.
>Major Impediment
Iranian Foreign Minister Mohammed Javad Zarif censured the move in a tweet, calling the US an "outlaw regime".
"US abrogated JCPOA—a multilateral accord enshrined in UNSC Resolution 2231—arguing that it seeks a bilateral treaty with Iran. Today US withdrew from an actual US-Iran treaty after the ICJ ordered it to stop violating that treaty in sanctioning Iranian people," he said, using the official title of the nuclear pact, namely the Joint Comprehensive Plan of Action.
Moreover, the US permanent membership in the United Nations Security Council is a major impediment to the ruling's enforcement.
"In case one party refuses to observe the order, the other party can file a complaint at the UNSC, but this appears an impractical procedure for Iran since the US is a permanent member خب the council and has the veto power," Hermidas-Bavand said.
Nevertheless, the decision has been interpreted as a victory for Tehran in the media worldwide. Iran had not pinned much hope on the order either, being aware of the US habit of rejecting multilateral bodies.
In an address to an assembly of reformist activists in Tehran on Wednesday, President Hassan Rouhani said, "Although the United States will most likely refuse to obey the order, it is a victory for Iran to be able to condemn America in an international body."
>Already Exempted
Customarily, food and medicine are exempted from the list of sanctioned goods but the ICJ said the US assurances were not adequate as it has become difficult, if not impossible, for Iran to engage in international financial transactions to purchase such goods.
The second paragraph of the order obliged the US to ensure that licenses and necessary authorizations are granted and that payments and other transfers of funds are not subject to any restriction in so far as they relate to the mentioned goods and services.
However, US Secretary of State Mike Pompeo claimed that existing exceptions already protected Iran's access to humanitarian aid and aviation safety, without regard for ICJ proceedings.
"We're working closely with the Department of the Treasury to ensure that certain humanitarian-related transactions involving Iran can and will continue," he was quoted as saying by CNBC.
