Published: 26 March 2025 Author: Stefan Talmon
Since the autumn of 2022, Ukraine had accused Iran of supplying unmanned aerial vehicles (UAVs) to Russia for its war of aggression against Ukraine. In January 2024, the United States announced that Russia also intended to purchase missile systems from Iran. Shortly thereafter, Germany joined the other G7 countries expressly cautioning Iran against providing ballistic missiles to Russia. On 15 March 2024, the G7 issued a statement saying:
We are extremely concerned about reports that Iran is considering transferring ballistic missiles and related technology to Russia after having supplied the Russian regime with UAVs, which are used in relentless attacks against the civilian population in Ukraine.
We call on Iran not to do so, as it would add to regional destabilization and represent a substantive material escalation in its support for Russia’s war in Ukraine – an aggression which constitutes a flagrant violation of international law and the UN Charter.
Were Iran to proceed with providing ballistic missiles or related technology to Russia, we are prepared to respond swiftly and in a coordinated manner including with new and significant measures against Iran.
A week later, the European Council, bringing together the heads of State or government of the Member States of the European Union (EU), released an almost identical statement. As Iran had apparently not heeded the warnings of new significant measures, on 14 May 2024 the Council of the European Union, consisting of government ministers of the EU Member States, extended the EU’s restrictive measures against Iran from the Iran’s UAV programme to its ballistic missile programme. The Council decided to freeze all funds and economic resources belonging to, or owned, held or controlled by natural or legal persons, entities or bodies supplying, selling or otherwise involved in transferring Iran’s UAVs or missiles or related technologies to Russia in support of its war of aggression against Ukraine.
On 10 September 2024, the United States officially accused Iran of providing the Fath-360 close-range ballistic missile system to Russia for use against Ukraine. On the same day, the foreign ministers of Germany, France and the United Kingdom (E3) ‘strongly condemn[ed] Iran’s export and Russia’s procurement of Iranian ballistic missiles.’ In a joint statement, they said:
This is a further escalation of Iran’s military support to Russia’s war of aggression against Ukraine and will see Iranian missiles reaching European soil, increasing the suffering of the Ukrainian people. This act is an escalation by both Iran and Russia, and is a direct threat to European security.
The E3 has privately and publicly been clear that we would take new and significant measures against Iran if the transfers took place. We now have confirmation that Iran has made these transfers. We will be taking immediate steps to cancel bilateral air services agreements with Iran. In addition, we will pursue the designations of significant entities and individuals involved with Iran’s ballistic missile programme and the transfer of ballistic missiles and other weapons to Russia. We will also work towards imposing sanctions on Iran Air.
On 11 September 2024, the Iranian Foreign Ministry Spokesman responded, writing on the Telegram channel of the Iranian Foreign Ministry:
This action by the three European states is the continuation of the West’s hostile policy and economic terrorism against the people of Iran, which will face the corresponding and proportionate action from the Islamic Republic of Iran.
Reports about the announced cancellation of the German-Iranian air services agreement referred to the Agreement Between the Government of the Federal Republic of Germany and the Imperial Government of Iran for Commercial Air Services Between and Beyond Their Respective Territories of 1 July 1961. That agreement had, however, been terminated by Iran on 18 August 1970 and, consequently, ceased to have effect on 18 August 1971. Similarly, the bilateral air services agreements with France and the United Kingdom had also been terminated by Iran in August 1970. In short, there were no bilateral air services agreement in existence between the three countries and Iran that could have been cancelled. Furthermore, under the 1961 German-Iranian air services agreement, bilateral air services between the two countries could not have been ‘cancelled’, but could only be terminated with twelve months’ notice. The same was true for the agreements with France and the United Kingdom. The statement that ‘We will be taking immediate steps to cancel bilateral air services agreements with Iran’ was thus an example of diplomatic grandstanding, giving the impression of decisive action on the part of these three States where none could be taken.
Nevertheless, soon after the announcement Iran Air, which had flown under a national German aviation license twice weekly between Tehran Imam Khomeini and Cologne/Bonn and weekly each to Frankfurt International and Hamburg, had to suspend its flights to Germany and other EU countries.
The reason for that was not, however, any cancellation of a bilateral air services agreement but restrictive measures adopted by the EU. On 13 September 2024, the EU’s High Representative for Foreign and Security Policy had ‘strongly condemn[ed] the recent transfer of Iranian-made ballistic missiles to Russia’. In a statement, he said:
The European Union will respond swiftly and in coordination with international partners, including with new and significant restrictive measures against Iran, including the designation of individuals and entities involved with Iran’s ballistic missile and drone programmes, and in this regard is considering restrictive measures in Iran’s aviation sector as well.
A month later, on 14 October 2024, the Council of the EU extended its sanctions regime against Iran to three Iranian airlines (Iran Air, Mahan Air and Saha Airlines) because of their alleged involvement ‘in transferring Iranian-made UAVs and related technologies to Russia in support of its war of aggression against Ukraine.’ The relevant Council Regulation provided that ‘[a]ll funds and economic resources belonging to, or owned, held or controlled by natural or legal persons, entities or bodies supplying, selling or otherwise involved in transferring Iran’s UAVs or missiles or related technologies to Russia in support of its war of aggression against Ukraine … shall be frozen.’ The term ‘economic resources’ was defined as ‘assets of every kind, whether tangible or intangible, movable or immovable, which are not funds but may be used to obtain funds, goods or service’. Economic resources thus included aircraft, which meant that any Iranian aircraft would have been impounded on landing at a German or other EU airport.
That it was not the cancellation of any bilateral air services agreement but the imposition of the EU sanctions that ended flights by Iranian airlines between Germany and Iran is also shown by the fact that it was only on 14 October 2024, a few hours after the sanctions came into effect, that Iran Air abruptly cancelled all of its Europe-bound flights via SMS to passengers. This was also confirmed by Federal Foreign Minister Annalena Baerbock who stated on 31 October 2024, ‘Only two weeks ago, we in the EU implemented a further package of sanctions which makes it impossible for Iran Air to land in Europe.’
Flights by Iran Air to the United Kingdom continued until 18 November 2024, when the British Government – having left the EU in 2020 – implemented its own sanctions against Iran Air.
As Germany and the other EU Member States were not directly injured by Russia’s war of aggression against Ukraine, the imposition of restrictive measures on Iranian airlines on the grounds that they were involved ‘in transferring Iranian-made UAVs and related technologies to Russia in support of its war of aggression against Ukraine’ could have been problematic because of the uncertainty with regard to the legality of so-called third-party countermeasures; indeed, the Iranian Ministry of Transport explicitly labelled the sanctions as ‘illegal’. However, the E3’s imposition of restrictive measures on Iranian airlines did not constitute an internationally wrongful act vis-à-vis Iran and thus did not fall into the category of countermeasures because, without a bilateral air services agreement in place, Iran had no right under international law to operate international air services to these countries. The listing of Iranian airlines was rather an act of retorsion expressing the E3’s and the EU’s disapproval of Iran’s support for Russia’s war of aggression against Ukraine.
Category: Unilateral Coercive Measures Short of the Use of Force
DOI: 10.17176/20250327-002223-0
