Present at the Creation Also (Our Years of Wrecking Ball Diplomacy and Swagger) #grabthisbooktitlenow

 

On October 3, the International Court of Justice, the principal judicial organ of the United Nations issued a ruling on the Alleged Violations of the 1955 Treaty of Amity, Economic Relations, and Consular Rights (Islamic Republic of Iran v. United States of America).  Excerpt via:

(1) unanimously, that the United States of America, in accordance with its obligations under the 1955 Treaty of Amity, Economic Relations, and Consular Rights, must remove, by means of its choosing, any impediments arising from the measures announced on 8 May 2018 to the free exportation to the territory of the Islamic Republic of Iran of (i) medicines and medical devices; (ii) foodstuffs and agricultural commodities; and (iii) spare parts, equipment and associated services (including warranty, maintenance, repair services and inspections) necessary for the safety of civil aviation;

(2) unanimously, that the United States of America must ensure that licences 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 goods and services referred to in point (1);

(3) unanimously, that both Parties must refrain from any action which might aggravate or extend the dispute before the Court or make it more difficult to resolve.

The Trump Administration responded by pulling out the United States from the 1955 Treaty of Amity with Iran  (PDF) and from the 1961 Optional Protocol on Dispute Resolution to the Vienna Convention on Diplomatic Relations (PDF). The latter in connection with a case that challenges the USG’s move of the U.S. Embassy from Tel Aviv to Jerusalem, according to NSA John Bolton. Per transcript of the WH Briefing, Mr. Bolton said that “The United States remains a party to the underlying Vienna Convention on Diplomatic Relations and we expect all other parties to abide by their international obligations under the Convention.”

ICYMI, read the following from Chimène Keitner who previously served as Counselor on International Law in the State Department:

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Ex-Amb. to Estonia James D. Melville Writes Why He Quit

 

On June 29, U.S. Ambassador to Estonia James Melville announced on Facebook his intent to retire from the Foreign Service after 33 years of public service. See US Ambassador to Estonia James Melville Pens Resignation on FB Over Trump Policies.  On October 3, WaPo published his op-ed explaining his departure.

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USNATO Amb Hutchison Issues “Clear” Diplomatic Warning to Russia. Also Oopsie!

 

October 2, 2018: Press Briefing by Ambassador Kay Bailey Hutchison (Excerpt)

Question: [Inaudible] in Norway. Ma’am, can you be more specific what kind of new information that you are bringing to the table regarding the breach of the INF Treaty? And more explicitly also, what kind of countermeasures that you are considering.

Ambassador Hutchison: The countermeasures would be to take out the missiles that are in development by Russia in violation of the treaty. So that would be the countermeasure eventually. We are trying not to do anything that would violate the treaty on our side, which allows research, but not going forward into development, and we are carefully keeping the INF Treaty requirements on our side, while Russia is violating.

We have documented on numerous occasions that Russia is violating. We have shown Russia that evidence. Some of our allies have seen that evidence. All of our allies have seen some of that evidence.

I think it is very important that we have the capability to deter, not only for European defense but for American defense. We have an intermediate range risk from Russia as well. So I think it is important that we continue to do everything as an alliance to put pressure on Russia to come forward, and first of all admit that they are in violation, and then secondly, to stop the violations. Because they are clearly doing it, our allies know that, our allies have spoken at the Summit with a clear indication that Russia must stop these violations.

Question: Thanks, Ambassador. Lorne [Inaudible], Associated Press. Just to clarify a little bit when you said to take out the missiles that are in development, we are a little excited here. Do you mean to get those withdrawn? You don’t mean to actually take them out in a more [inaudible]?

Ambassador Hutchison: Well, withdrawing, yes. Getting them to withdraw would be our choice, of course. But I think the question was what would you do if this continues to a point where we know that they are capable of delivering. And at that point we would then be looking at a capability to take out a missile that could his any of our countries in Europe and hit America in Alaska. So it is in all of our interests, and Canada as well, I suppose. So we have our North Atlantic risk as well as the European risk.

We are not moving in that direction right now, but we are trying to tell Russia, and you know, the United States Congress told Russia last year when they passed the Armed Services Bill about this time last year, that we know they have violated the treaty and we are beginning the research capabilities that are allowed by the treaty to deter a medium-range ballistic missile.

So I think they are on notice. I think Congress has spoken. And I think it is time now for Russia to come to the table and stop the violations that we know they are making.

Oopsie! “Tråkket i salaten” – to borrow a term from  Norway, she trampled through the salad bowl. Period.

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