Discrimination in the Application of Nuclear Law

Discrimination in the Application of Nuclear Law

by aletho

By Dan Joyner | Arms Control Law | April 1, 2014

It would be hard to find a more stark demonstration of how differently the IAEA and Western governments, led by the United States, have treated Iran and its nuclear program, as compared to other NPT NNWS who are under essentially the same legal obligations, than in the following couple of developments within the last week.

The first is a presentation given by Robert Einhorn, a recently retired senior US official, who many see as a close confidant of the administration, in which he floated a “trial balloon” of a possible comprehensive agreement between Iran and the P5+1. Among the elements of such a deal, Einhorn proposed the following:

Convert the underground uranium enrichment plant at Fordow into a research and development facility for testing more advanced centrifuges and conducting other nuclear research. Centrifuges there now would be removed to monitored storage.

Modify a heavy-water reactor under construction at Arak to greatly reduce its production of plutonium — another potential bomb fuel — by converting it into a light water reactor, fueling it with enriched uranium or reducing its power level. “Fueling the reactor with enriched uranium would make it more capable of producing medical isotopes than the original” planned facility, Einhorn writes.

Require even more stringent monitoring of the Iranian program than dictated by the Additional Protocol of the Nuclear Non-Proliferation Treaty, including “more frequent and wider access by International Atomic Energy Agency personnel, more extensive installation of surveillance and containment equipment and greater use of remote, real-time monitoring.”

Set up procedures to ensure that any questions about Iranian compliance are “investigated and resolved expeditiously.”

So, under Einhorn’s plan, Iran would get to keep a limited capacity to enrich uranium, but only at a limited number of agreed facilities, not to include the ones that could not be easily bombed if necessary by Israel or the U.S.  Iran would also have to scrap plans for building a reactor at Arak that might produce some plutonium, but only if Iran built a separate reprocessing facility that it has no plans to build.

Now, juxtapose that development with the news this past week that Japan has agreed to repatriate some of the weapons grade plutonium contained in its massive stockpile of already separated plutonium, to the US, although according to this report:

The joint statement released at the summit by Washington and Tokyo did not specify how much nuclear material was being repatriated. According to a 10-year-old U.S. report on the Tokai research facility, roughly 1,210 pounds of bomb-ready uranium and 730 pounds of separated plutonium existed at the site, the Center for Public Integrity reported on Tuesday.

Though nonproliferation supporters commended the announcement on the coming withdrawal of fissile material from Tokai, the amount of plutonium held at the facility represents less than one percent of Japan’s worldwide stockpile and just 3.5 percent of the total amount held domestically. Those figures also do not take into account the 8 tons of plutonium the country could begin producing annually at its mixed-oxide fuel fabrication plant at Rokkasho, which is still under construction.

See any differences in treatment?