Analysis of the Legal Responsibility of the International Atomic Energy Agency (IAEA) Following the Israeli Military Attack on the Islamic Republic of Iran, Based on the Biased Report by Grossi
Subject Areas : رویه در حقوق بین المللMorteza Saeedghaderi 1 , Amin Mirzamani 2 , Ehsan Tolouei 3
1 - PhD Researcher in Private Law, Islamic Azad University, Varamin–Pishva Branch, Iran
2 - PhD Researcher in Private Law, Islamic Azad University, Varamin–Pishva Branch, Iran
3 - PhD Researchers in Private Law, Islamic Azad University, Varamin Branch, Preveza, Iran
Keywords: International Atomic Energy Agency (IAEA), Institutional Responsibility of International Organizations, IAEA Technical Reports,
Abstract :
This article analyzes the legal aspects of the report issued by the International Atomic Energy Agency (IAEA) on May 31, 2025; a report lacking sufficient technical documentation, contradictory to previous IAEA reports, and published in a highly charged atmosphere. This report played a direct role in justifying the Israeli military attack on Iran’s critical infrastructure and the killing of Iranian civilians on June 13, 2025. The article shows that this report, by violating the principles of neutrality, transparency, and verification, facilitated indirect participation in an international crime of aggression. By analyzing the elements of "knowledge" and "mens rea" in international criminal law, it is argued that Grossi's behavior and his contradictory and false statements at the emergency meeting of the IAEA Board of Governors on June 16, 2025, in Vienna, could be considered as complicity or facilitation in the commission of an act of aggression; a crime for which individual criminal responsibility arises, and the functional immunity of the Director General of the IAEA will not prevent prosecution. The article further examines the institutional and civil liability of the IAEA as an international organization and, by referring to the practices of other institutions, outlines the agency's responsibility for violating fundamental behavioral principles. The paper concludes by exploring the legal remedies available to the Islamic Republic of Iran and the victims of this aggression, including the pursuit of criminal and civil liability in competent international forums, activation of the UN Security Council and General Assembly, and the use of universal jurisdiction to achieve justice. One such remedy is invoking the sovereign right to withdraw from the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) under Article 10 of the Treaty, arguing that the continuation of military aggression can be considered an "extraordinary event" that jeopardizes the country's "supreme interests." In this regard, the July 4, 2025, resolution of the Iranian Parliament concerning the suspension of cooperation with the IAEA could serve as a practical enforcement guarantee, facilitating a formal exit from the NPT in the event of continued military aggression. The article concludes by emphasizing the need for reforming the IAEA's reporting mechanisms to prevent the recurrence of such violations.
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