By Yusra Suedi (PhD, Assistant Professor of International Law at University of Manchester). Last updated Feb 28, 7:27pm UK time. This is a developing story and may be updated further.
There's talk of Israel and the US branding their attack on Iran as 'preemptive' action. Could they justify any imminent threat under IL? Also since the attacks in Bahrain, UAE, Qatar, Kuwait were all targeting the US bases there would they still count as an attack on the countries themselves? Asking since in all practicality these bases operate as markedly different from their host states
Defense against speculative future attacks (aka preventive) is illegal. Defense against an imminent attack (aka preemptive) IS legal but it MUST actually be imminent: ie instant, overwhelming, genuinely about to happen — not the case here.
Yes under law an attack on US bases = an attack of the US.
Excellent insight. Thank you. Really interesting that Iran can strike its neighbours - is this true even if they themselves (as states) didn’t pose a threat to Iran - or is it because US has bases there?
Yes,
Both countries have breached international law one way or the other ..
Their armed conflict violates the principles of territorial jurisdiction and protection of unarmed civilians under International Law
There's talk of Israel and the US branding their attack on Iran as 'preemptive' action. Could they justify any imminent threat under IL? Also since the attacks in Bahrain, UAE, Qatar, Kuwait were all targeting the US bases there would they still count as an attack on the countries themselves? Asking since in all practicality these bases operate as markedly different from their host states
Hi Mariam!
Defense against speculative future attacks (aka preventive) is illegal. Defense against an imminent attack (aka preemptive) IS legal but it MUST actually be imminent: ie instant, overwhelming, genuinely about to happen — not the case here.
Yes under law an attack on US bases = an attack of the US.
Excellent insight. Thank you. Really interesting that Iran can strike its neighbours - is this true even if they themselves (as states) didn’t pose a threat to Iran - or is it because US has bases there?
Thanks! US bases OK if those neighbours consented, but as news develops it's becoming clear not all of them did