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Iranwire – The Islamic Revolutionary Guard Corps (IRGC) has launched missile strikes against Israel for the second time in less than six months. Iran describes the operation as a “legitimate defense” aimed at deterring Israel. If Israel deems the attack disproportionate, what consequences could unfold?
The Islamic Republic has announced that nearly 200 missiles were launched at Israel, calling the action a “legitimate defense” under Article 51 of the United Nations Charter, in response to the assassination of Ismail Haniyeh, the leader of Hamas, during his visit to Tehran.
Iran’s Foreign Minister, Abbas Araghchi, stated that Iran showed restraint for two months after the assassination of Haniyeh to facilitate a ceasefire in Gaza. However, due to Israel’s ongoing actions, including the killing of Hassan Nasrallah, the leader of Hezbollah, and the death of Abbas Nilforoushan, the IRGC’s deputy operations commander, Iran has initiated a military operation.
Iran asserts that following Haniyeh’s assassination in Tehran, it was willing to engage in mediation for a ceasefire in Gaza. However, Israel not only rejected the ceasefire but also continued its military operations, resulting in the deaths of Nasrallah and Nilforoushan.
International regulations permit a country that has faced violations of its territorial integrity and continuous threats to use “legitimate defense.” The primary purpose of such defense is to prevent further attacks by the adversary and raise the cost of repeating such actions in the future.
Legitimate defense must meet three main criteria.
Firstly, using military force must be a “necessity,” indicating no alternative way to defend or repel the attack. If options such as negotiation, mediation, or seeking international assistance are viable, legitimate defense should only be employed after some time.
The second feature of legitimate defense is adherence to the “principle of proportionality.” Military action must be proportional to the attack. This means the defending country should only use the necessary force to repel the attack or deter future aggression. Using disproportionate force could itself be seen as a violation of international law.
The third key aspect of legitimate defense is the “immediacy” of the defensive response using military force. This means legitimate defense must occur immediately after or in response to an imminent attack. If military action is deemed necessary, any significant delay in its use could undermine the legitimacy of the defense.
After carrying out “necessary,” “proportional,” and “immediate” actions in legitimate defense, the state involved must promptly announce the end of the defensive operation publicly and inform the United Nations Security Council, which is responsible for maintaining global peace and security.
Iran cited the assassination of Haniyeh in Tehran and the killings of Nasrallah and Nilforoushan in Israeli operations as a key reason for launching over 200 missiles at Israel. Pro-Iranian government media reports that some of these missiles struck targets, including refineries. Targeting cities, regardless of whether they were hit, violates the principle of proportionality and could constitute a war crime if civilians were deliberately targeted.
The Islamic Republic has made these announcements through a statement from its Foreign Minister and a declaration by its UN delegation while also publicly threatening more severe military action if Israel retaliates.
The potential for the situation to escalate into armed conflict or war is a concern should Israel respond with military action that Iran deems illegitimate or disproportionate and carry out another military operation in return.
