Is it justified, according to international law, to permit Israel to assassinate Khamenei?
Bustin' Heads: Israel vs Iran, International Law Showdown
The cat's out of the bag. Israel's Defense Minister, Israel Katz, has aimed a fresh threat at Iran's political and religious leader, Ayatollah Ali Khamenei, suggesting Israel won't put up with Khamenei's rhetoric of destroying the Jewish state. So, what if Israel decides to take matters into their own hands? Can international courts chastise Israel for eliminating Khamenei? Let's dive into the legalese to shed some light.
Is Israel Allowed to Off Khamenei?
Tricky question. In the realm of humanitarian international law, it's technically possible, says Alexander Wentker, a researcher at the Heidelberg Max Planck Institute for Public International and International Criminal Law. Since Khamenei allegedly commands the Iranian forces, he can qualify as a military target under these laws.
A second opinion?
Another level crops up - the one that talks about the UN Charter's ban on using force, as well as customary international law. The gist: Can Israel deploy force against Iran at all? Normally, force can only be wielded without UN Security Council authorization in self-defense after a prior attack. As it stands, there's no evidence that Iran has attacked Israel within the past week.
Heads of state, justifiable targets?
Take Russia and Ukraine as an example. If their conflict is war, Ukraine could legally kill Putin under humanitarian international law, claims Wentker, given that Putin holds supreme command of the Russian army and Ukraine is defending itself.
Oh, international law also cares about life, right?
Absolutely! There is, indeed, a right to life in wartime, but it can be circumvented if the killing adheres to international laws. According to the International Court of Justice, an arbitrary killing is not considered a breach if it aligns with humanitarian international law.
Civilians in the crosshairs?
Should civilians become casualties during an Israeli attack on Khamenei, the principle of proportionality kicks in. Israel should assess the potential impact on civilians and employ preventive measures under international law.
International Court, no invite for Israel?
If Khamenei gets whacked, Israel wouldn't necessarily face trial before the International Criminal Court, Wentker believes. Israel pulled out of the ICC's jurisdiction in 1985, making it a difficult case for the court to establish its authority regarding violations of the ban on the use of force.
In the context of the Israel-Iran conflict and the potential elimination of Ayatollah Ali Khamenei, Alexander Wentker, a researcher at the Heidelberg Max Planck Institute, suggests that under humanitarian international law, Khamenei could potentially be considered a military target due to his alleged command of Iranian forces. However, given the ban on using force without UN Security Council authorization in self-defense after a prior attack, it's unclear if Israel would have a justifiable reason to deploy force against Iran, especially with no evidence of an attack within the past week.
