9167th Meeting (PM)*
SC/15079

Member States Must Respect Exclusively International Character of Secretary-General, Secretariat Staff Responsibilities, Legal Affairs Chief Tells Security Council

Speaker for Moscow Disputes Western States’ Requested Investigation as to Whether Russian Federation Violated Council Resolution 2231 (2015)

The United Nations Secretary-General and Secretariat staff are international officials responsible only to the Organization and must not seek or receive instructions from any Government, the Security Council heard today, as the Russian Federation took issue with the request of several delegations, including the United States, for an investigation into whether the Russian Federation violated Council resolution 2231 (2015).

Miguel de Serpa Soares, Under-Secretary-General for Legal Affairs and United Nations Legal Counsel, briefed members on Article 100 of the United Nations Charter, explaining obligations on the part of Member States, namely, to respect the exclusively international character of the responsibilities of the Secretary-General and the staff.  It is only natural that Member States should wish to exercise as much influence as they can over the activities of the Organization, including its Secretariat, he said, adding:  “I myself frequently receive visits from Ambassadors who advance a particular view of the law and try to convince me that it is correct”.

Turning to resolution 2231 (2015), he said the Secretariat takes note of all information brought to its attention by Member States to ascertain and assess its relevance to the discharge of its mandates.  He underscored a relevant note (document S/2016/44), which had anticipated that a forthcoming report would produce findings and recommendations and that the Council would meet informally prior to the public release of the report to review them.  The Secretary-General duly acted on those requests and the Security Council Affairs Division has prepared the reports, he said, with the most recent and thirteenth report issued on 23 June.  He added that the Secretary-General had not received any request, pursuant to the note or otherwise, that supplements or modifies the nature and scope of the Division’s work in preparing the Secretary-General’s six-monthly reports to the Council.

The representative of the Russian Federation said that his country did not convene the meeting to discuss the implementation of Council resolution 2231 (2015).  Actions in question concern documented attempts by the United States, United Kingdom and France, accompanied by Germany — through letters on 21 October 2022 to the Council President — to deliver individual instructions to the Secretariat, in violation of Article 100 of the Charter.   The two letters provide documented evidence that the Member States are violating paragraph 2 of the Charter, which requires them to respect the international character of Secretariat’s duties and to not try to exert influence on its staff in the discharge of their duties, he said.  He disputed the legitimacy of the request by some Member States for an investigation, calling such action by Western colleagues exceedingly dangerous.

The representative of the United States emphasized that his country and other Council members had not given instructions to, but rather requested the Secretary-General to take action.  Pointing out that in August, the Russian Federation had requested that the Secretary-General investigate killings at a prison in eastern Ukraine, to which the Secretary-General decided to conduct a fact-finding mission, he emphasized that “such requests for investigations are common”.  Regarding resolution 2231 (2015), he stressed that it is well established and is within the authority of the Secretary-General to investigate allegations of violations, stressing that acceding to Moscow's demand that the Secretariat not carry out its mandate would be extremely problematic.

Iran’s delegate said that any misuse of the function described in note S/2016/44 to conduct a so-called investigation would be illegal and in clear violation of the Secretariat's mandate.  Since the beginning of the conflict in Ukraine, Iran has maintained a position of active neutrality.  “Iran has never provided the parties with weapons for use in the Ukraine conflict,” he stressed, rejecting all “unfounded” allegations made against his country.

The speaker for the United Arab Emirates stressed that the independence of the Secretariat is necessary for the proper discharging of its duties.  “There cannot be sovereign equality of Member States if anyone is able to instruct the Secretariat to act or refrain from acting in a certain manner,” she added.

Ukraine’s delegate said that the deliberate misuse of the Charter and its provisions to impede an investigation on the implementation of Council resolutions is a clear attempt to pressure the Secretariat.  The use of Iranian unmanned aerial vehicles in attacks against civilians is a blatant violation of the Joint Comprehensive Plan of Action, the Charter and international humanitarian law.  She reiterated her call for an immediate investigation and requested the United Nations experts to inspect the recovered unmanned aerial vehicles of Iranian origin.

France’s representative said the facts are clear:  Iran provided drones to the Russian Federation, which then used them in the service of its war of aggression, and indiscriminate bombing against civilian targets.  “Indeed, it is Russia that is engaging in blackmail by threatening to break ties with the United Nations if the Secretariat does not bend to its will,” he said.

Also speaking today were representatives of India, Albania, Ireland, Ghana, Brazil, Norway, Mexico, China, United Kingdom, Kenya and Gabon.

The Council meeting began at 4:43 p.m. and ended at 6:22 p.m.

Briefing

MIGUEL DE SERPA SOARES, Under-Secretary-General for Legal Affairs and United Nations Legal Counsel, briefed the Council on Article 100 of the United Nations Charter, which he said sets out obligations for the Secretary-General and the Secretariat staff relating to the conduct of their work.  Paragraph 1 of the Article 100 affirms that the Secretary-General and Secretariat staff are “international officials responsible only to the Organization” and must not “seek or receive instructions from any government or from any other authority external to the United Nations”.   Paragraph 1 also states that they must “refrain from any action which might reflect on their position as international officials responsible only to the Organization”, he said.  Since they were first adopted by the General Assembly in 1951, the Staff Regulations have affirmed that members of the Secretariat are international civil servants, their responsibilities are exclusively international and they must not accept instructions regarding the performance of their duties from any Government or source external to the Organization.

Paragraph 2 of Article 100 sets out two corresponding obligations on the part of Member States, namely, to respect the exclusively international character of the responsibilities of the Secretary-General and the staff and not to seek to influence them in the discharge of their duties, he explained.  The Assembly has referred to the paragraph in connection with appeals to all Member States to respect the privileges and immunities of United Nations officials and to allow the Secretary-General to exercise the Organization’s right of functional protection in respect of staff placed under arrest or detention.  However, beyond that the Assembly has not given any specific guidance on the application of the paragraph. The Secretary-General and the Legal Counsel have however “taken the position that this or that action on the part of a Member State is or is not consistent with its obligations pursuant to Article 100 of the Charter”, he recalled.

They have expressed the view that it would not, or might not, be consistent with paragraph 2 of that Article for a State to limit the appointment of staff of its nationality to fixed-term appointments; pressure the Secretary-General to replace a qualified staff member because of a change of Government in their home State; cancel the work permit of a staff member in an apparent attempt to force the Secretary-General to dismiss them; withhold a staff member’s passport so that they could not return to their duty station; and refuse to recognize the Secretary-General as Secretary-General.  The Secretary-General and Legal Counsel have taken the position that it would not be inconsistent with paragraph 2 of Article 100 for a State to submit to the Secretary-General information on the character and record of candidates of its nationality, provided that it was understood that it was left to the Secretary-General to assess that information and reach an independent decision on their recruitment.

It is only natural that Member States should wish to exercise as much influence as they can over the activities of the Organization, including its Secretariat, he said, adding:  “I myself frequently receive visits from Ambassadors who advance a particular view of the law and try to convince me that it is correct”.

Turning to the work performed by the Secretary-General and the Secretariat with respect to resolution 2231 (2015), the Secretariat takes note of all information brought to its attention by Member States to ascertain and assess its relevance to the discharge of the mandates that are entrusted to it, he said.  It was in this spirit that Under-Secretary-General Rosemary DiCarlo noted in her remarks to the Council during its informal consultations on 19 October 2022 that the Secretariat was ready to assess information if requested by Member States.

Following the Council’s adoption of resolution 2231 on 20 July 2015, the Council President issued a note dated 16 January 2016 under the symbol S/2016/44 that “sets forth practical arrangements and procedures for the Security Council for carrying out tasks related to the implementation of resolution 2231 (2015), particularly with respect to the provisions specified in paragraphs 2 to 7 of Annex B to that resolution”.  Paragraphs 6 and 7 of that note requested the Secretary-General to appoint the Security Council Affairs Division of what is now the Department of Political and Peacebuilding Affairs to serve as a point of contact and support the work of the Council and to report to the Council every six months on the implementation of the resolution.  Paragraph 7 of the note anticipated that the report would include findings and recommendations and that the Council would meet informally prior to the public release of the report to review the findings and recommendations it contained, he said.

The Secretary-General duly acted on those requests and the Security Council Affairs Division has prepared the reports, he said, adding that the most recent and thirteenth report was issued on 23 June under the symbol S/2022/490.  Introducing the first report, then Under-Secretary-General for Political Affairs Jeffrey Feltman pointed out that “[t]his report…strictly focuses on the restrictive measures in annex B of resolution 2231 (2015)…[o]ur mandate is neither to report on all aspects of the resolution or annex A of the JCPOA, nor touch upon the work of the Joint Commission established in the agreement.”  The Secretariat has reported on the implementation of the restrictive measures in Annex B that are in force during the reporting period, including on information voluntarily brought to its attention by Member States in writing and through meetings.  Also reflected are the positions of interested Member States on such information that has been brought to the attention of the Secretary-General.

 The report includes findings and recommendations in line with paragraph 7 of the note.  The Secretary-General is thus able to express his views on relevant developments during the reporting period and draw attention to matters of concern.  As intended, the report is entirely for the Council’s information in its consideration of the status of implementing resolution 2231 (2015), in particular Annex B, and determining whether any action is required.  The Secretary-General has not received any request, pursuant to paragraph 6 (g) of the note or otherwise, that supplements or modifies the nature and scope of the work done by the Security Council Affairs Division in the preparation of the Secretary-General’s six-monthly reports to the Council.  Absent further guidance by the Security Council, the Secretary-General will continue to prepare those reports in the manner that they have been prepared to date, he said.

Statements

VASSILY A. NEBENZIA (Russian Federation) pointed out that his country did not convene the meeting to discuss the implementation of Council resolution 2231 (2015), as there is a format for that purpose, adding the question they wished to address is broader, and focuses on the risk posed by actions of some Council members to the integrity of the United Nations Charter and the ability of the Council to discharge its function of maintaining international peace and security.  The actions in question concern documented attempts by the United States, United Kingdom, France, accompanied by Germany, to deliver individual instructions to the Secretariat, in violation of Article 100 of the Charter, he said, adding that the two letters provide documented evidence that the Member States violate paragraph 2 of the United Charter, which requires them to respect the international character of the duties of the Secretariat and to not try to exert influence on its staff in the discharge of their duties.

He went on to state that the violations of aforementioned States were “double-pronged”, citing in this regard several sections of a note by the President of the Security Council (document S/2016/44), concerning the Council’s role in implementing the resolution and in responding to the requests of Member States, adding that the note does not mention the role of the Secretariat.  He stressed that relevant provisions of the note call for a separate decision to be taken by the Council when dealing with the implementation of the resolution or when dealing with possible violations.  He went on to dispute the legitimacy of the request by some Member States for an investigation, adding that such actions by Western colleagues are exceedingly dangerous, as they try to artificially expand the purview of the Secretariat.  These Member States’ actions are “yet another manifestation of their egregious hypocrisy and double standards”, he stressed, adding that those who “foamed at the mouth” two weeks ago talking about the need to protect the United Nations Charter are now violating it.

ROBERT A. WOOD (United States) emphasized that his country and other Council members had not given instructions to, but rather requested the Secretary-General to take action, similar to countless other circumstances.  Pointing out that in August, the Russian Federation had requested that the Secretary-General investigate killings at a prison in eastern Ukraine, to which the Secretary-General decided to conduct a fact-finding mission, he emphasized that “such requests for investigations are common, appropriate and by no means in violation of Article 100 of the Charter [of the United Nations].”  Regarding resolution 2231 (2015), spotlighting that the Secretary-General has submitted to the Council 13 reports summarizing its investigations and findings on non-compliance over the past seven years, he stressed that it is well established and is within the authority of the Secretary-General to investigate allegations of violations.  Noting that acceding to Moscow's demand that the Secretariat not carry out its mandate would be extremely problematic, he concluded that it would undermine the implementation of Council resolutions and give all countries “a free pass” to flout obligations.

RAVINDRA RAGUTTAHALLI (India) expressed appreciation for the Secretariat’s important work in supporting the Council, the Secretary-General's periodic reports to the Council and the professional work that goes behind the preparation of such reports.  He emphasized that, in preparing those reports, the Secretariat should always be guided by the mandate provided in the Council’s resolution, presidential statements and notes of the President.  In the current context, paragraph 7 of note 44 of 2016 by the Council President clearly requested the Secretary-General to report to the Council every six months on the implementation of resolution 2231 (2015).  Voicing hope that the Secretariat will continue to objectively function on such issues and undertake its activities in accordance with the mandate provided by the Council, he stressed that respect for the provisions of the United Nations Charter is an absolute must.

FERIT HOXHA (Albania), noting that the raison d’être of the Secretariat is to execute its mandate with objectivity and impartiality, stressed that impartiality does not mean indifference nor detachment from reality when commitments are not upheld or when the law is broken.  He warned that yielding to threats against the Secretariat would create a dangerous precedent and create the impression that some countries can disregard obligations at will and with impunity.  “If what Russia says is the truth, if it has nothing to hide, if it is implementing Security Council resolutions, upholding the Charter and respecting international law, then, in the interest of truth and clarity, Russia must be the first to welcome an independent and impartial verification to bring the truth to light, welcome it, not to threaten the mandate holders, the first of them, the Secretary-General,” he stressed.  Noting Ukraine’s letter to the President of the Security Council about the Russian Federation’s use of unmanned aerial vehicles of Iranian origin, he called on the Secretariat to organize a visit to the sites, which Ukraine has offered to facilitate, collect evidence and report its findings. Following its well-established procedures, the United Nations 2231 team should analyse the available evidence impartially and report its findings to the Security Council.

NICOLAS DE RIVIÈRE (France) said that indeed the Russian Federation has breached the Charter by invading its neighbour and annexing its territory.  “The facts are clear.  Iran provided drones to Russia, which then use them in the service of its war of aggression, and indiscriminate bombing against civilian targets,” he said.  Those facts which might be war crimes are solidly documented.  In supplying those drones without the Council’s prior approval, Iran is violating Council resolution 2231 (2015), which in July 2015 was unanimously adopted.  He urged Iran to immediately cease any form of support to the war of aggression launched by the Russian Federation against Ukraine and asked the Secretariat to investigate and report on the incidents to Council members.  The Russian representative affirmed on 19 October in consultations that the drones in question were Russian drones.  Since then, it has been difficult to understand why the Russian Federation “does not want us to look at the debris with experts”.  The Russian Federation is not respecting Article 100 of the United Nations Charter and the Secretariat's independence.  “Indeed, it is Russia that is engaging in blackmail by threatening to break ties with the United Nations if the Secretariat does not bend to its will,” he said.

CAÍT MORAN (Ireland) welcomed the invitation by Ukraine to examine recovered debris of unmanned aerial vehicles in the country to aid the independent expert investigation, adding that such actions are in keeping with the United Nations Charter, and the implementation of Council resolution 2231 (2015), in line with note 44, which requests that the Secretary-General report to the Council every six months on the implementation of resolution 2231 (2015), and has the Council meet to review the report’s findings.  “No further decision of the Council is necessary in this regard,” she said.  Turning to issues concerning Article 100 of the United Nations Charter, she said unfortunately it is the Russian Federation whose actions contravene it, as it is trying to influence the Secretariat staff in the discharge of its duties, as demonstrated by the meeting.  She expressed hope that the Russian Federation will cooperate with the Secretariat in conducting its work, and provide any required information in the implementation of resolution 2231 (2015).

KHALILAH HACKMAN (Ghana), expressing support for the objectives of Council resolution 2231 (2015), urged full compliance with its provisions and support towards the investigation of any violations through appropriate channels.  Voicing concern over the Russian Federation’s unjustified invasion of Ukraine, in violation of the principles of international law and the United Nations Charter, she stressed that “it is these actions by the Russian Federation and its subsequent wielding of the veto in a manner that has so far restrained requisite Council action that casts doubts on our ability to deliver on the mandate to promote international peace and security.”  Expressing concern over the heightened rhetoric relating to the use or threat of the use of weapons of mass destruction, she urged restraint and caution against such rhetoric being used as justification for any tactical use of nuclear weapons.

RONALDO COSTA FILHO (Brazil) stated his understanding that according to note 44 of the Council President, the Secretary-General has been mandated to report to the Council every six months on the implementation of resolution 2231 (2015).  Any further action beyond this mandate should be discussed by the Council, he added, including responding to information regarding alleged actions inconsistent with the resolution.  Recalling that the Secretariat has travelled in response to invitations from concerned Member States to examine and collect relevant information in the past, he expressed hope that the Secretariat will continue to carry out its mandate strictly in accordance with S/2016/44 and Article 100 of the Charter of the United Nations.  Noting that the Joint Comprehensive Plan of Action provides a suitable framework for dialogue among the parties concerned, he said that his country counts on its original participants to conclude negotiations and immediately resume full compliance with their respective obligations under the agreement and with resolution 2231 (2015).

MONA JUUL (Norway), voicing concern about the reported transfer of unmanned aerial vehicles from Iran to the Russian Federation for use in Ukraine, said those drones are used to attack civilians and civilian objects.  Such usage is prohibited under international humanitarian law and may constitute war crimes, she added.  Recalling that the Secretary-General has reported 13 times to the Council on implementation of Council resolution 2231 (2015), she said there is nothing about the Secretariat’s conduct in connection with the request put forward in the letter from Ukraine that could substantiate the Russian Federation’s claims of misconduct.  Voicing regret that the Russian Federation, through accusing others of violating Article 100 of the United Nations Charter, is itself disregarding the spirit of that Article, she said, underscoring it as a desperate attempt to draw attention away from its illegal war and actions.

JUAN RAMÓN DE LA FUENTE RAMÍREZ (Mexico) said his delegation has condemned the indiscriminate and disproportionate attacks against the civilian population in Ukraine, including the most recent attacks using unmanned aerial vehicles, based on the 1949 Geneva Conventions and their additional protocols.  There is no justification for attacks against residential buildings, infrastructure for basic services, or other civilian targets, he stressed, calling for an end to those aggressions.  “Given conflicting allegations on the origin of the drones that attacked civilians, the international community must know the truth, and to that end, an independent investigation is required that would then give way to a credible ruling,” he said.  If there is a request for the United Nations Secretariat to investigate the origin of the drones used in such attacks and given the possibility of Iranian manufacture and that the request was done after corresponding legal analysis, the request is in keeping with the provisions set forth in resolution 2231 (2015).  An investigation would not run counter to the provisions contained in Article 100 of the Charter, he added.  The Council must focus on finding a diplomatic solution and promote new mediation mechanisms that would strengthen the Secretary-General's efforts to bring about a cessation of hostilities, as this is the only way to completely protect the civilian population, he urged.

GENG SHUANG (China), in citing Article 100 of the Charter on the performance of duties, encouraged the Secretariat to work within its mandate, strengthen communications with Member States, enhance mutual trust, maintain unity amongst Member States and handle differences of opinion in a fair and appropriate manner.  Adherence to the relevant provisions of the Charter is essential in ensuring impartiality, he emphasized.  Turning to Council resolution 2233 (2015), he urged all parties to exercise rational restraint and interpret the resolution’s provisions accurately so as to avoid any further complications during negotiations.  Doing so also avoids undermining the hard-won results of current negotiations, he added.  In light of the clear differences of interpretation regarding the Secretariat’s mandate, he called on the Council to provide a clear definition and avoid any hasty action which would undermine unity.

LANA ZAKI NUSSEIBEH (United Arab Emirates) stressed that the independence of the Secretariat is necessary for the proper discharging of its duties.  “There cannot be sovereign equality of Member States if anyone is able to instruct the Secretariat to act or refrain from acting in a certain manner,” she added.  Small States are most acutely aware of the risk, but really, it should worry all States who do not enjoy the privilege of a permanent Council seat.  It would be naïve for any Member State to pretend that Member States have never attempted to exert influence over the Secretariat.  “We may talk about attempts and even erosion at times,” she said.  It is critical to reaffirm the fundamental nature of Article 100 for the proper functioning of the Secretariat, and the Organization as a whole.

JAMES KARIUKI (United Kingdom) stressed that the Russian Federation and Iran have been caught red-handed violating Council resolution 2231 (2015), adding:  “Russia is now complaining about process because they cannot defend their actions.”  Based on evidence supplied by Ukraine and open-source reporting, he said it is evident that Iran has supplied unmanned aerial vehicles to the Russian Federation, with which the latter is targeting Ukrainian civilians and civilian infrastructure, and that these unmanned aerial vehicles fall under the list in Annex B paragraph 4 of Council resolution 2231 (2015).  “Given no prior approval was sought or granted by the Security Council, these transfers represent violations of resolution 2231,” he said.  Recalling that a request was made to the Secretariat to undertake an impartial expert investigation of such activities, which his country supports, he said the Russian Federation’s claim that this request was an attempt to unduly influence the Secretariat is “both absurd and hypocritical”.  Noting that the Russian Federation has threatened to end all cooperation with the United Nations if the Secretariat does not do as it wants, he stressed:  “That is not the behaviour of a country with nothing to hide.  It is the behaviour of a bully.”  Further, noting that open-source reporting suggests that Iran intends to transfer more drones and potentially ballistic missiles to the Russian Federation, he said such transfers could constitute further violations of resolution 2231 (2015) and represent a significant escalation.

CATHERINE NYABOKE NYAKOE (Kenya) stated that while the Secretary-General’s good offices were consequential in achieving the Black Sea Grain Initiative, they have not been engaged in negotiations to end the war in Ukraine.  One of the reasons for this, she asserted, is “the impact of years of Member States questioning the Secretariat’s impartiality and eroding its independence.”  In outlining three ways to strengthen the good offices, she first pointed to the need to redefine impartiality and protect the independence of the Secretariat.  The Secretary-General must be fully partial to the Charter of the United Nations and should fully exercise its Article 99 without regard for the approval or disapproval of any State, she continued.  Touching on the importance of utilizing the Secretary-General’s fact-finding capabilities, she challenged the conflicting parties to agree to United Nations fact finding and verification, which would be key to preventing and minimizing actions contrary to the Charter and international law.  Pointing to the need to strengthen regional good offices and spotlighting Africa's peace and security architecture as a good example, she urged other regions to develop and deploy similar regional arrangements for early warning, prevention and resolution of disputes.

MICHEL XAVIER BIANG (Gabon), Council President for the month, speaking in his national capacity, said he carefully followed the authorized reading of Article 100 of the United Nations Charter provided by the briefer, which seemed to contain sufficient detail, and was draped in the mantle of impartiality of the United Nations Secretariat.  Reaffirming his attachment to the integrity of the United Nations Charter, he pointed out that this vital document should form the foundation of vital negotiations that must take place to put an end to the war in Ukraine.

Mr. NEBENZIA (Russian Federation), taking the floor for the second time, stressed that the points raised by certain members in the Council had nothing to do with the issue under discussion today, which is:  What is the Secretariat guided by when expressing a willingness to engage in an investigation into alleged violations of resolution 2231 (2015) upon the request not of the Council, but rather of some Member States?  He further pointed out that the fact that certain information has already been included in the Secretary-General's reports does not attest to the presence of any legitimate practice.  Recalling that his country has always objected to this practice since 2016, he asked how the Council could talk about establishing a practice when it runs counter to the mandate and faces persistent objections from Council members.  The question lies in the legitimacy of such an investigation in the absence of a relevant Council mandate, he added.

Mr. DE SERPA SOARES, taking the floor a second time, said he has no comments on the statements delivered.  Addressing the question posed by the representative of the Russian Federation, he said that he had in his initial statement described the practice in terms of application of the Charter and talked about the text and practice based on resolution 2231 (2015).  He has nothing to add to his initial statement, he said.  Referring to “that last issue”, he said it is a matter of text and he is not in a position to respond to hypothetical questions.

KHRYSTYNA HAYOVYSHYN (Ukraine), in describing the Russian Federation’s appeal to the Charter as hypocritical and cynical, condemned that country’s unacceptable pressure and threat to reconsider its cooperation with the United Nations.  The deliberate misuse of the Charter and its provisions to impede an investigation on the implementation of Council resolutions is a clear attempt to pressure the Secretariat and avoid responsibility, she said.  The use of Iranian unmanned aerial vehicles in attacks against civilians and civilian infrastructure, she continued, is not just a blatant violation of the Joint Comprehensive Plan of Action but also the Charter and international humanitarian law.  It also violates resolution 2231 (2015) which prohibits the transfer of all items, materials, goods, equipment and technology from Iran unless approved on a case-by-case basis by the Council.  As such, she reiterated her call for an immediate investigation and requested the United Nations experts to inspect the recovered unmanned aerial vehicles of Iranian origin.  She further called on all States to stop the transfer of such vehicles, missiles and conventional arms from Iran to the Russian Federation.

AMIR SAEID JALIL IRAVANI (Iran) expressed sorrow over the terrorist attack that occurred in his country today and condemned terrorism in all its forms and manifestations.  Turning to the issue at hand, he said that several Council members, including the United States, have accused Iran of violating resolution 2231 (2015) even though these States continue to violate their legal obligations under that same resolution.  The main example is the illegal withdrawal of the United States from the Joint Comprehensive Plan of Action.  Some States are now attempting to establish “an entirely artificial linkage” between Security Council resolution 2231 (2231) and the use of unmanned aerial vehicles in the ongoing conflict in Ukraine by disseminating erroneous information.

“Iran has never produced or supplied, nor does it intend to produce or supply items, materials, equipment, goods, and technology that could contribute to the development of nuclear weapons delivery systems,” he said.  Any misuse of the function described in note S/2016/44 to conduct a so-called investigation would be illegal and in clear violation of the Secretariat's mandate.  Since the beginning of the conflict in Ukraine, Iran has maintained a position of active neutrality, and has emphasized that all Member States must fully respect the principles enshrined in the United Nations Charter as well as international law.  “Iran has never provided the parties with weapons for use in the Ukraine conflict,” he said, rejecting all unfounded allegations made against his country.

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* The 9166th meeting was closed.

For information media. Not an official record.