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Book Chapter
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Using Law as a Weapon against Nuclear Proliferation and Terrorism: The US Government’s Financial Lawfare against Iran
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Orde Kittrie
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Between Crime and War: Hybrid Legal Frameworks for Asymmetric Conflict
Claire Finkelstein et al. eds., Oxford University Press 2023
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Library Access
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Abstract: This chapter describes and analyzes the aggressive US financial lawfare campaign which resulted in Iran agreeing to curtail its nuclear program pursuant to the Joint Comprehensive Plan of Action (JCPOA). Section I discusses the pre-JCPOA US financial lawfare against Iran in conceptual context. Section II describes and analyzes the key nexus between US financial lawfare and Iran’s nuclear weapons program and state sponsorship of terrorism: Iran’s use of the international financial system to advance those objectives. Section III provides an overview of key innovative elements of the pre-JCPOA US financial lawfare against Iran. Section IV describes and analyzes the impact of this US financial lawfare, including persuading most major foreign banks to curtail business with Iran, costing the Iranian economy tens of billions of dollars and imposing billions of dollars in penalties on foreign banks which persisted in trading with Iran. Section V systematically describes and analyzes how the US government implemented this financial lawfare against Iran. Section VI discusses lessons learned and the future of US financial and other economic lawfare.
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