Israel's Tactics Matter: Iran's Leader & International Law
Is the international legal community justified in permitting Israel to engage in lethal action against Khamenei?
Israel's Defense Minister, Israel Katz, has set his sights on Iran's supreme leader, Ayatollah Ali Khamenei: "A tyrant like Khamenei, heading a state like Iran, with the mission of Israel's destruction, can't keep on existing." But what are the legal boundaries for Israel in such a scenario? Let's break it down.
Can Israel Pull the Trigger?
According to Alexander Wentker, researcher at the Heidelberg Max Planck Institute for Foreign and International Criminal Law, from a humanitarian international law perspective, an Israeli attack on Khamenei would be possible in an interstate armed conflict given that Khamenei is considered the supreme commander of Iran's armed forces. However, the UN Charter and customary international law come into play too. Here, Israel's ability to use force against Iran hinges on authorization from the UN Security Council or self-defense in response to an armed attack. As of now, no such attack has been reported.
Killing Heads of State: The Legal Grounds
In a hypothetical scenario pitting a state like Ukraine against Russia's President Vladimir Putin, Wentker suggests that Putin could be legally targeted if Ukraine was attacked and acted in self-defense. It's important to note, though, that heads of state do enjoy a right to life under international law, which can be upheld as long as their killing aligns with humanitarian international law.
A Crusade Against Civilians?
Even in an attack on Khamenei, the principle of proportionality must be respected, protect the civilian population, and weigh the potential casualties against the overall military advantage gained.
The International Criminal Court's Stand
If Israel were to attack Khamenei under questionable circumstances, it could face trial before the International Criminal Court. However, Israel's withdrawal from the court's jurisdiction in 1985 mitigates this possibility.
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A discussion around Israel's potential actions against Iran's supreme leader, Ayatollah Ali Khamenei, has sparked concern over the legal boundaries for Israel in such a scenario. From a humanitarian international law perspective, it might be possible for Israel to target Khamenei in an interstate armed conflict if he is considered the supreme commander of Iran's armed forces, but authorization from the UN Security Council or self-defense in response to an armed attack would be required. In a hypothetical scenario involving Ukraine and Russia's President Vladimir Putin, Putin could potentially be legally targeted if Ukraine acts in self-defense, but heads of state do have a right to life under international law.
