IAEA Inspector’s Fault in Inspecting the Natanz Nuclear Site on October 28, 2019: Judicial Mechanisms for Follow-up

Abstract

While inspecting the Natanz Nuclear Site (Iran) on October 6, 2019, an inspector of the IAEA was found to carry suspicious materials. She was prevented from entering the site by the Iranian authorities and was shortly returned to the Agency’s headquarters. Iran could not prosecute her, because of the inspector’s immunity by the Agency. However, in addition to exhaustion of the dispute settlement mechanisms predicted in the Agreement on the Privileges and Immunities of the IAEA which has also provided the recourse to the ICJ, Iran may prosecute the Agency by attributing the conduct of the inspector to the Agency in the national courts of non-member States of the Agency that has not accepted the immunity of international organizations as customary international law. This article deals with the immunity of international organizations and its agents, as well as examining the Agency inspector’s fault in inspecting the Natanz Nuclear Site and the Judicial Mechanisms for follow-ups.