IAEA Safeguards: Correctness and Completeness of States’ Safeguards Declarations

In the light of the occasional challenges in recent years to the legal authority of the International Atomic Energy Agency (IAEA) to verify the correctness and completeness of States’ declarations under comprehensive safeguards agreements, the chapter assesses the law and practice on this issue since the early 1990s. In particular, the chapter focuses right and obligation of the IAEA to verify the correctness and completeness of States’ declarations—one of the most fundamental principles in the implementation of comprehensive safeguards agreements. The chapter provides a detailed textual and historical analysis indicating that, in fulfilling that obligation, the IAEA is not limited to access to information about nuclear material which has been declared by the Agency, or to locations where such material has been declared by the Agency. A contrary interpretation would cause the IAEA to revert to a pre-1991 approach to verification that focused primarily on declared nuclear material, which resulted in the IAEA’s failure to detect Iraq’s undeclared nuclear programme.