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Friday, February 08, 2019, 11:32
The world cannot condone a rogue US arbitrary legal system
By Daniel de Blocq van Scheltinga
Friday, February 08, 2019, 11:32 By Daniel de Blocq van Scheltinga

From an international law perspective there are a number of very troubling aspects to the United States sanctions regime against countries and companies dealing with Iran.

Unilaterally pulling out of international treaties, ignoring decisions of the International Court of Justice, and above all imposing unilateral criminal laws on companies and countries in situations without any US connections, as well as holding family members “hostage”, are all worrying indications of a legal system gone rogue. 

As the International Atomic Energy Agency has stated time and time again, Iran has fully complied with the provisions of the multilateral agreement, The Joint Comprehensive Plan of Action (JCPOA) which was signed between Iran on one side and China, France, Germany, Russia, the UK and the United States on the other.  

For purely expediency and internal political considerations, the United States has unilaterally pulled out of this international binding treaty, dealing a blow to the international rule of law.

Worse, other countries and companies that continue to respect their obligations vis-à-vis Iran, fall foul of the unilateral US sanctions provisions and risk serious sanctions, because the US has issued a National Security Presidential Memorandum directing the re-imposition of certain secondary sanctions, being those that apply to non-US persons even where there is no US nexus (e.g. no US persons, no US-origin goods, or US dollar payments are involved whatsoever).

Huawei is one of the companies caught in the Iran sanctions web despite its observance of international law. The United States’ Department of Justice accuses Huawei, amongst other things, of allegedly selling its products to Iran, which should not be deemed illegal even if the US accusations have any solid evidential support, especially as China is one of the signatories of the agreement with Iran

Already the International Court of Justice has issued a ruling limiting US sanctions in as far as humanitarian aid, medicines, food and civil aviation are concerned, and in preparation for a more comprehensive ruling later. Unfortunately, the US indicated soon after the ICJ ruling early in October that the US will simply ignore this decision. Talk about maintaining world order through rule of law and international treaties!

Huawei is one of the companies caught in the Iran sanctions web despite its observance of international law. The United States’ Department of Justice accuses Huawei, amongst other things, of allegedly selling its products to Iran, which should not be deemed illegal even if the US accusations have any solid evidential support, especially as China is one of the signatories of the agreement with Iran.

Obviously, the anti-Huawei campaign goes even further than just an attempt to uphold a flawed sanctions regime. If it were that simple, there would have been no need whatsoever to issue an international arrest warrant for Huawei Chairman Ren Zhengfei’s daughter Ms Meng Wanzhou, also its Chief Financial Officer, and began extradition proceedings in Canada.

The Iran sanctions violation is simply one of the flimsy excuses used by the US. According to US Secretary of Homeland Security Kirstjen Nielsen, Huawei had undertaken actions that were “detrimental to the security of the United States” by undermining sanctions against Iran. These claims seem quite farfetched, to put it very mildly. 

The reality is that the White House has woken up to the fact that China can overtake the United States in developing and producing the technologies of the future. China produces ten times as many STEM (science, technology, engineering, maths) graduates per year as the United States, and this is the most important “feedstock” for future growth and development in these areas.

On Dec 4, 2018, the White House issued a lengthy statement on the need to improve STEM education. The following extract demonstrates the realization that other countries are catching up: “The President’s plan seeks to ensure that all Americans have access to quality STEM education and safeguard America’s place as the global leader in STEM innovation and employment.” This last bit is the crux of the matter, and the heart of the tensions between the United States and China.

Huawei, as the global leader in 5-G technology and systems, is cited as the perfect villain, as it is advanced in this crucial technology of the future. Now it is simply a pawn in a much bigger game, and the unfortunate Ms Meng has become a hapless victim in the US administration’s arbitrary exercise of power.

ALSO READ: Huawei slams US envoy's accusation; defends integrity

The Canadian ambassador to China, John McCallum, held to his integrity when he recently stated that “Ms Meng has some strong arguments she can make before a judge” in fighting her extradition, the most important one being the political motives behind her detention. Unfortunately, this level of honesty was awarded with his firing, likely due to US political pressure.

In his New Year 2019 Message the rotating Chairman of Huawei, Guo Ping, quotes the famous Roman orator, philosopher and politician Cicero: “The greater the difficulty, the greater the glory”, indicating that Huawei will prevail in its international expansion.

Hopefully the US Attorney General will understand this as well and return to supporting a more structured  international legal order which America has played a leading role in its institutionalization.

The author is a scholar in international public law and an adviser on China-related matters to both the private and public sector. He was the first non-Chinese CEO of a Chinese State-owned finance company.


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