A/HRC/39/54 of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations”, is to be reaffirmed. B. The reimposition of a comprehensive embargo on the Islamic Republic of Iran 30. On 8 May 2018, the President of the United States ended the participation of the United States in the Joint Comprehensive Plan of Action, the agreement reached in Vienna on 14 July 2015 between the Islamic Republic of Iran, China, France, Germany, the Russian Federation, the United Kingdom of Great Britain and Northern Ireland, the United States and the European Union. The President of the United States instructed his administration to immediately begin the process of reimposing sanctions related to the Joint Comprehensive Plan of Action.25 31. The withdrawal from the Joint Comprehensive Plan of Action by the United States and its subsequent reimposition of a drastic, comprehensive unilateral sanctions regime on the Islamic Republic of Iran raises in itself (irrespective of its human rights consequences, which will be addressed later in the present report) important issues as to its lawfulness under international law. The Special Rapporteur does not intend to elaborate on that point and will stick to the human rights-related aspects of the withdrawal. He notes, however, that it is quite clear that the withdrawal of the United States qualifies as a breach or a violation of the Plan of Action, which is a multilateral agreement enumerating a series of reciprocal commitments of the parties, thus creating rights and obligations for them under international law. It is thus covered by the fundamental rule of international law pacta sunt servanda, as acknowledged by several participants. 26 Moreover, the Plan of Action was endorsed by the Security Council in resolution 2231 (2015), in which it urged “full implementation on the timetable established in the JCPOA” and called upon “all Member States, regional organizations and international organizations to take such actions as may be appropriate to support the implementation of the JCPOA, including by taking actions commensurate with the implementation plan set out in the JCPOA and this resolution and by refraining from actions that undermine implementation of commitments under the JCPOA”. That included, obviously, the obligation for States to refrain from applying the sanctions waived under the agreement. In resolution 2231 (2015), the Security Council explicitly emphasized that Member States were obligated under Article 25 of the Charter of the United Nations to accept and carry out the decisions of the Security Council. 32. As was affirmed by the International Court of Justice in the Namibia advisory opinion: “when the Security Council adopts a decision under Article 25 in accordance with the Charter, it is for member States to comply with that decision. ... To hold otherwise would be to deprive this principal organ of its essential functions and powers under the Charter.”27 Intended consequences of the sanctions regime 33. United States officials have made clear that harming the Islamic Republic of Iran at large were the “actually intended consequences” of the sanctions regime. 28 The United States Secretary of State claimed that the United States would apply unprecedented financial pressure on the Iranian regime, stressing that the “sting of sanctions will be 25 26 27 28 10 See www.whitehouse.gov/briefings-statements/president-donald-j-trump-ending-united-statesparticipation-unacceptable-iran-deal/. See the speech by the High Representative of the Union for Foreign Affairs and Security Policy/VicePresident of the Commission, Federica Mogherini, at the European Parliament plenary session on the Joint Comprehensive Plan of Action, 12 December 2017, available from https://eeas.europa.eu/ headquarters/headquarters-homepage/37259/speech-high-representativevice-president-federicamogherini-european-parliament-plenary_en. See Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) notwithstanding Security Council Resolution 276 (1970), Advisory Opinion, I.C.J. Reports 1971, p. 53. See www.state.gov/r/pa/prs/ps/2018/05/281959.htm.