Legal Consequences of the United States’ Withdrawal from the JCPOA in Light of Extraterritorial Human Rights Obligations

Abstract

The unilateral withdrawal of the United States from the Joint Comprehensive Plan of Action (JCPOA) in 2018 and the reimposition of secondary sanctions generated extensive legal, economic, and humanitarian consequences. This study seeks to answer the question of how the unilateral withdrawal of the United States from the JCPOA resulted in violations of international human rights obligations. In this regard, the research analyzes the human rights implications of this action from the perspective of international law and examines the possibility of attributing international responsibility to the United States government on the basis of obligations arising from international human rights instruments. Using a descriptive–analytical method and relying on international treaties, judicial practice, interpretative comments of treaty-monitoring bodies, and relevant soft-law instruments, the present study evaluates the effects of unilateral sanctions on the fundamental rights of the civilian population of Iran. The findings indicate that the reimposition of extraterritorial sanctions, particularly in the financial, banking, and commercial sectors, has imposed serious restrictions on effective access to essential goods and services, including medicine, medical equipment, and an adequate standard of living. From this perspective, such measures may be regarded as inconsistent with certain international obligations of states concerning the respect for and protection of human rights. Furthermore, with an emphasis on the theory of extraterritorial obligations and the concept of effective economic control, the study argues that where the economic measures of a state produce foreseeable and substantial effects on the human rights situation of populations outside its territorial jurisdiction, such measures may be assessed as violations of rules of international human rights law. The article also explains the limitations of international legal mechanisms in addressing unilateral sanctions and emphasizes the necessity of systematically incorporating human rights impact assessments into international decision-making processes.