A historic Iran nuclear accord has been reached, promising to lift sanctions in exchange for the country reducing its nuclear ability. The agreement is expected to be published in the next few days and include the crucial mechanics related to nuclear inspectors’ access to sites. Scott Ritter, a former intelligence officer with the United States Marine Corps and Chief Inspector for the United Nations in Iraq from 1991 to 1998, argued against “no notice” inspections in Iran in his recent London Review of Books essay:

My first experience as a weapons inspector was in implementing the Intermediate-Range Nuclear Forces Treaty between the US and the former Soviet Union, and I’m a firm believer that on-site inspections should be part of any arms control agreement. As a United Nations weapons inspector in Iraq, I worked closely with the IAEA to investigate Iraq’s past nuclear weapons programme, and I have confidence in the IAEA’s ability to implement the Nuclear Non-Proliferation Treaty. The provisions of the NPT are at the heart of the framework agreement with Iran, and the measures contained in it – which include sophisticated remote monitoring, and environmental sampling at undeclared facilities – should be more than adequate to establish whether or not it has diverted any nuclear material to a weapons programme. The framework agreement also calls for a range of verification measures beyond those required by the NPT. These cover centrifuge production and aspects of the uranium fuel cycle such as mining and processing, and are needed to verify that Iran isn’t engaged in covert uranium enrichment using a secret cache of centrifuges and unaccounted-for stocks of uranium ore. No notice inspections to investigate ‘possible military dimensions’, however, go far beyond anything required by the NPT. The question is whether such an intrusive measure is warranted or whether, as Iran argues, the inspections would infringe its legitimate security interests.

The facts appear to support Iran’s position. Countries subjected to intrusive no notice inspections have to be confident that the process isn’t actually an intelligence-led operation aimed at undermining their legitimate interests. The nuclear framework agreement with Iran doesn’t require the IAEA to accept anything Iran declares at face value, but none of its protocols justifies no notice inspections of military sites. Iran signed the Joint Plan of Action in 2013, and has abided by the verification conditions it required without incident. This track record should count in its favour, especially when you consider the dubious results of no notice inspections since they were first carried out in 1991.

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The history of no notice inspections in Iraq does not bode well for their use in Iran. Such inspections are intelligence-based exercises. The bulk of the intelligence underpinning the US concerns over ‘possible military dimensions’ comes from the ‘alleged studies’ documents – a series of files the IAEA obtained in 2008 which appear to show that Iran had conducted some nuclear weapons development in 2002 and 2003. Their credibility has often been called into question and the Iranians declare they are fake. There’s good cause, too, to believe that much of the remaining intelligence buttressing the CIA’s case against Iran is flawed. The strange tale of the Iranian physicist Shahram Amiri, whose defection the CIA facilitated in the spring of 2009, serves as a case in point. Amiri was for several years before his defection an American agent-in-place whose reporting was used by the CIA in formulating its assessments on Iran. But his re-defection to Iran in 2010 suggests that he may have been a double agent, calling into question all his reporting to the CIA, before and after his defection. Operation Merlin, in which the CIA attempted to pass on to Iran flawed designs for a nuclear weapon, further undermines the CIA’s credibility as a source of information about an alleged Iranian nuclear weapons programme.

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