This morning, Israel launched a major military operation against Iran targeting its nuclear programme, including facilities, individual scientists and military leadership. In this post, I will provide a quick, preliminary analysis of the legality of Israel’s use of force against Iran as a matter of the jus ad bellum. As I will explain, Israel’s use of force against Iran is, on the facts as we know them, almost certainly illegal. The only justification that Israel can provide for its use of force is self-defence under Article 51 of the Charter – using force to repel an armed attack, subject to the criteria of necessity and proportionality. The first point to clarify here is that the nature and stated goals of Israel’s use of force – damaging Iran’s nuclear programme and preventing it from developing a nuclear weapon that could be used against Israel – are explicitly about deflecting a future armed attack by Iran against Israel, i.e. an attack that is yet to occur. In other words, this is not a…
Self Defence
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Attacks on Submarine Cables and Pipelines: A Self-Defence Approach Complementary to Law Enforcement
Combating sabotage of submarine cables and pipelines is first and foremost a matter of law enforcement. The problem is that the international law of the sea, as traditionally understood, does not provide coastal States with sufficient authority to effectively respond to sabotage activities beyond their territorial waters (for an in-depth discussion, see here). The European…
Israel’s Use of Force Against Syria and the Right of Self-Defense
On December 8, the rebel group Hayat Tahrir al-Sham (HTS), augmented by other rebel forces, successfully overthrew the Syrian government of Bashar al-Assad following more than five decades of rule by his family. As Assad’s regime fell, the Israel Defense Forces (IDF) began a bombing campaign involving hundreds of air strikes in Syria against missiles, air…
ICJ Delivers Advisory Opinion on the Legality of Israel’s Occupation of Palestinian Territories
Yesterday, the International Court of Justice delivered its groundbreaking advisory opinion on the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem. (The Court’s opinion and all of the individual opinions of the judges are available here.) The bottom line of the AO is that the…
Clashes in the South China Sea: Escalation at Second Thomas Shoal
Over recent months, the frequency and seriousness of interactions between PRC Coast Guard and maritime militia forces, and Philippines Coast Guard and Armed Forces units in the vicinity of Second Thomas Shoal has escalated significantly. 17 June 2024 saw an incident involving China Coast Guard (CCG) small craft blocking in and surrounding Philippine Coast Guard…
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