Russian Aircraft Deployment at Nojeh Base; Contradiction with the Constitution and Resolution 2231?

Since the military occupation of Iran by British and Soviet forces during World War II, no foreign country has had a military base in Iran. Recently, for the first time in seventy years, Iran has temporarily and short-term granted a military base to a foreign country. On Tuesday, August 16, Russian aircraft flew from the Air Force's third fighter base in Hamadan, known as Nojeh (formerly Shahrokhi), and crossed Iraqi airspace to bomb positions of Assad's opponents in Syria. According to Russian media, the country's air force has stationed several heavy Tu-22M3 bombers and Su-34 fighter-bombers at this base. The deployment of these aircraft at Nojeh, especially the heavy bombers, has reduced their flight distance by one-third compared to when they flew from the Mozdok base in North Ossetia, Russia. In other words, the Russian Air Force can now conduct more flights with less fuel, allowing for more bombs and explosives and thus better efficiency. Russian media reported that on Tuesday, August 16, there were 60 sorties from Nojeh against Assad's opposition groups, and the next day, Su-34 fighters from this base bombed ISIS positions in Deir ez-Zor province in eastern Syria. Article 146 of the Constitution, Inconsistent Justifications Some news agencies and political observers, especially Persian-language media abroad, consider the transfer of Nojeh base to Russia as a violation of Article 146 of the Constitution, which prohibits the establishment of any foreign military base in Iran, even for peaceful purposes. However, the Islamic Republic has rejected the transfer of the base to Russia and considers the criticisms raised as unfounded. Ali Shamkhani, Secretary of the Supreme National Security Council, justified this action after the deployment of the mentioned aircraft at Nojeh was reported by the Itar-Tass news agency and Russia-24 network, stating that cooperation between the two countries is 'strategic for combating terrorism in Syria.' Ali Larijani, the Speaker of the Islamic Consultative Assembly, in response to an objection from a member of the National Security Commission regarding the deployment of Russian bombers at Nojeh, stated that Iran has not given any base to Russia. Hoshmatollah Falahatpisheh, a representative from Islamabad-e Gharb and Dalaho, warned about Russia's use of the mentioned base. He criticized the Supreme National Security Council's decision regarding this matter, citing Article 146 of the Constitution, stating that Article 176 does not grant any authority to the mentioned council in this regard. According to Article 176 of the Constitution, 'Utilizing the material and spiritual resources of the country to confront internal and external threats' is one of the duties of the National Security Council, and its resolutions must be approved by the Leader of the Islamic Republic to become law. In this context, Aladdin Boroujerdi, Chairman of the National Security and Foreign Policy Commission of the Parliament, emphasized that Russia's use of Nojeh base was based on a decision by the Supreme National Security Council, which was executed with the approval of Ayatollah Khamenei. According to Boroujerdi, 'Hamadan Air Base has not become a Russian base, nor have any fighters been stationed at Nojeh; the only action taken is that during flights, Russian fighters are allowed to use this base for refueling.' So far, no government or military official of the Islamic Republic has officially explained the presence and use of Russian military aircraft from Iranian soil for foreign military operations. However, the Fars news agency, affiliated with the Islamic Revolutionary Guard Corps, in a detailed report criticizing Hoshmatollah Falahatpisheh and defending Ali Larijani's position, rejected domestic and foreign claims regarding the transfer of the military base to Russia, stating that providing 'a base to a foreign country... like the Incirlik airbase in Turkey... means that the complete management of that base is in the hands of that country, and it is they who decide... In fact, that base can be considered part of the military sovereignty of one country in another country... [and] is regarded as a form of military occupation.' This news agency emphasized that these definitions do not apply to the deployment of Russian aircraft at Nojeh, stating: 'Russian fighter aircraft have come to the Iranian airbase for a short period and prepared to move towards their targets in Syrian territory... all equipment and weapons that can be installed on these aircraft have been brought to Iran by the Russians using an Il-76 transport aircraft... and ultimately Iran has provided them with fuel and some airport services...'. Violation of Resolution 2231 According to American media, Russia informed the U.S. about the flight path of its aircraft from Nojeh towards Syria, which passed near the military aircraft of coalition forces in Iraqi airspace. However, Mark Toner, a spokesperson for the U.S. State Department, expressed regret over the deployment of Russian military aircraft at Nojeh, stating that this action may violate Security Council Resolution 2231 against Iran – a resolution that was adopted in July 2015 following nuclear negotiations and the reaching of the Joint Comprehensive Plan of Action (JCPOA). So far, the U.S. has not made a definitive assessment of whether this resolution has been violated. Conclusion What is evident from the reports of the Islamic Republic and the statements of some members of Parliament and Ali Shamkhani is that the deployment of Russian aircraft at Nojeh has occurred based on a decision by the Supreme National Security Council and the approval of Ayatollah Khamenei, which itself relies on 'military agreements between Iran and Russia.' In January of this year, with the visit of General Shoigu, the Russian Defense Minister, to Iran, Tehran and Moscow signed a contract for the development of military cooperation between the two countries. Undoubtedly, the deployment of Russian aircraft at Nojeh has been carried out with prior planning, bilateral discussions, and coordination between the two countries. The fact that these aircraft have temporarily stopped at Nojeh for refueling and have benefited from airport services before leaving the base is merely an attempt to downplay the military presence of Russia at this base. Russia, by intensifying its air bombardment in Syria, initially aims to assist the Syrian government forces, paramilitary forces, and also the forces sent from Iran and Hezbollah to repel Assad's opposition groups, especially in eastern Aleppo. Therefore, it does not seem that Russia's use of Nojeh base, which offers significant military advantages for the Russian Air Force, is only a one-time occurrence. The Russians need at least ammunition and weapons storage at Nojeh; they require fuel; they depend on crews and technicians for bomb and other weapon installations; they need maintenance and emergency parts; and they require accommodations. The transport of Russian aircraft to this base to meet the needs of combat aircraft, including carrying bombs and weapons, is essential. In other words, they need part of the base to ensure the operational capability of their aircraft and manage their operations, and undoubtedly, they require close cooperation with the base. The physical presence of Russian military aircraft and personnel at Nojeh, from any angle and with any scale of observation, contradicts the spirit of Article 146 of the Constitution and is inconsistent with the revolutionary slogans and stances of the Islamic Republic and the commanders of the IRGC, who continually emphasize the independence of the Islamic Republic and its military non-dependence on foreign countries. Some media outlets of the Islamic Republic, including Fars news agency, have tied the Supreme National Security Council's decision for the deployment of Russian aircraft at Nojeh to the third clause of Article 176 of the Constitution, which permits the use of the country's facilities to confront external threats. Meanwhile, the Syrian civil war, despite its humanitarian and inhumane disasters and its consequences for regional stability, is more closely tied to the interests and security of the Islamic regime than to Iran's national interests. Regarding the contradiction of Russia's deployment at Nojeh with Resolution 2231, it is not expected that the U.S. will achieve anything. Paragraph 5 of Annex 'B' of this resolution states that the supply of any weapons and equipment, including military aircraft to Iran or their use for Iran's benefit, is conditional upon obtaining permission from the UN Security Council. The positioning of bomber aircraft on Iranian soil to conduct airstrikes against Assad's opposition groups and possibly ISIS or the al-Nusra Front (Front for the Conquest of the Levant) in Syria cannot be considered as supplying weapons to the Islamic Republic.