Iran's Right to Self-Defense Under International Law
This article examines the legal dimensions of this aggression and underscores Iran's inherent and legitimate right to self-defense.
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1. Flagrant Violation of the Principle of the Prohibition of the Use of Force and International Crimes
The Charter of the United Nations, in Article 2(4), explicitly prohibits any threat or use of force against the territorial integrity or political independence of any state. This principle is not merely a conventional rule; it is universally recognized as a peremptory norm (Jus Cogens) and customary international law, binding upon all states.
The actions of the Zionist regime in this aggression represent clear instances of violating this fundamental principle:
Attack on Territorial Integrity and National Sovereignty: A direct military attack on the territory of another state, without the express authorization of the United Nations Security Council, is considered a clear violation of that state's sovereignty and territorial integrity. Targeting Residential Areas (Civilians): Deliberate or indiscriminate attacks on residential areas and civilians constitute a war crime. This action represents a severe breach of International Humanitarian Law (IHL), which emphasizes the crucial principle of distinction between military objectives and civilian populations. Assassination of Military Commanders and Nuclear Scientists: Terrorist acts and targeted assassinations of individuals, particularly within the sovereign territory of another state and without legal authorization, infringe upon national sovereignty and international law principles. If these assassinations occur within the context of an armed attack, they may also be subject to scrutiny as components of war crimes.
Claims such as "pre-emptive strike" in no way justify such actions and are inconsistent with the principles of international law, which limit the right to self-defense solely to a response to an armed attack or an imminent threat thereof.
2. The Islamic Republic of Iran's Inherent Right to Self-Defense
In response to this overt aggression and violation of international law, the Islamic Republic of Iran legitimately possesses the inherent right to self-defense under the Charter of the United Nations. Article 51 of the United Nations Charter explicitly states: "Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security." Given the attack on Iranian territory and the targeting of individuals and civilian areas, Iran's right to self-defense has been activated. The exercise of this right is contingent upon adherence to the following fundamental principles:
Occurrence of an Armed Attack: The attack on residential areas and the assassination of military commanders and nuclear scientists within Iranian territory are clear instances of an "armed attack." Necessity: Iran's defensive actions must be necessary to repel this attack, with no other means available to terminate the aggression. Proportionality: The defensive response must be proportionate to the intensity and scale of the aggressor's attack and must not exceed what is required to neutralize the threat. Reporting to the Security Council: Iran, like any other state exercising its right to self-defense, must immediately report the measures taken to the Security Council.
The Islamic Republic of Iran has the right to undertake proportionate and necessary measures to protect the lives of its citizens, its territorial integrity, national sovereignty, and security. Any action undertaken by Iran within the framework of this legitimate self-defense will be fully lawful and legitimate under international law.
3. International Responsibility and the Imperative for Global Response
Criminal and State Responsibility: The Zionist regime, by violating peremptory norms of international law and committing potential war crimes (due to targeting residential areas and civilians), will incur international state responsibility. Furthermore, the perpetrators and those who ordered these crimes may face individual criminal responsibility before international tribunals (such as the International Criminal Court, subject to jurisdiction). Duty of the Security Council: The United Nations Security Council, as the principal organ responsible for maintaining international peace and security, has an immediate and decisive duty to condemn this aggression and adopt necessary measures to restore international peace and security. The Security Council's silence or inaction would not only undermine its standing but could also create an environment conducive to the recurrence of aggressions and further instability in the region. Duty of the International Community: The international community must, by adopting firm stances, exerting pressure on the aggressor regime, and upholding the principles of international law, prevent the escalation of conflicts and emphasize the imperative for peaceful resolution of disputes.
Conclusion
The military aggression by the Zionist regime against Iran, targeting residential areas and assassinating individuals, constitutes a clear and systematic violation of international law, the Charter of the United Nations, and international humanitarian law. This action not only challenges the international order but also jeopardizes regional and global security.
In the face of this unlawful aggression, the Islamic Republic of Iran possesses the inherent and legitimate right to self-defense under Article 51 of the UN Charter. The international community, particularly the Security Council, has an urgent duty to condemn this aggression and take decisive measures to restore peace and ensure justice. Adherence to the principles of international law remains the sole path to guaranteeing lasting peace and stability.
