Israel's Aggressive Move Against Iran's Leadership: A Legal Perspective
The examination of global legal standards: Is it justified for Israel to eliminate Khamenei?
Let's delve into the potential consequences and legal implications if Israel decided to target Ayatollah Ali Khamenei, Iran's political and religious leader.
The legal landmines
Is Israel's desire to eliminate Khamenei in line with international law? Alexander Wentker, a researcher at the Max Planck Institute for Foreign and International Public Law and International Law in Heidelberg, offers some insights:
- According to international humanitarian law, yes, Israel could theoretically consider Khamenei a military target given his role as the Supreme Commander of Iran's armed forces per the Foreign Office. However, this perspective is just one level of evaluation.
- A more critical evaluation comes into play with the prohibition of force as outlined in the UN Charter and international customary law. This prohibition questions Israel's right to use force against Iran at all, especially without UN Security Council authorization or in self-defense following an armed attack by Iran. Regrettably, there seems to be little evidence suggesting a probable Iranian attack on Israel in the recent past.
The justification of self-defense
With self-defense as the primary basis for Israel to use force, it's essential to remember that the right to self-defense only applies when an armed attack occurs against the state claiming it. This response must be necessary and proportional to the attack. Preemptive strikes, particularly against political leaders, lack clear legal backing and can be seen as unlawful assassinations, potentially infringing on sovereignty.
The example of Russia and Ukraine
The crucial prerequisite for the legitimate killing of heads of state boils down to two states engaged in an armed conflict, and the head of state having command of the military. In this hypothetical context, Ukraine could potentially legitimize the killing of Russia's President Vladimir Putin according to international humanitarian law, invoking its right to self-defense as the attacked state.
Civilians and the principle of proportionality
The protection of civilians is essential in armed conflicts according to international law. If many civilians were to perish in the event of an Israeli attack on Khamenei, the principle of proportionality would apply, meaning Israel would need to weigh the potential consequences based on individual cases. No magic number or clear line exists for how many deaths would be acceptable in such situations. Israel must also make every effort to safeguard the civilian population under international humanitarian law.
Facing trial at the International Criminal Court
If Khamenei were to be killed, and Israel cannot justify it via self-defense, its actions might not necessarily lead to a trial at the International Criminal Court. Israel fundamentally withdrew its acceptance of the court's jurisdiction in 1985. Alas, establishing the court's jurisdiction over violations of the prohibition of force would present significant challenges.
The ripple effects
An Israeli attack on Khamenei would carry profound consequences, potentially destabilizing the Middle East region, escalating hostilities, and involving other states or non-state actors in the conflict. Moreover, Israel could incur diplomatic isolation, inviting investigations, sanctions, and even heightened regional tensions, with serious implications for international peace. As the Max Planck Institute researcher highlights, under current international law interpretations, an Israeli strike on Khamenei would likely not be legally justifiable unless Iran had initiated a prior armed attack, justifying Israel's right to self-defense.
- The potential consequences of Israel targeting Ayatollah Ali Khamenei are not only limited to legal implications, but also extend to the political and general news landscape, as questions about Israel's right to use force against Iran, especially without UN Security Council authorization or in self-defense, are raised.
- In the context of Israel's desire to eliminate Khamenei, the principle of proportionality, particularly concerning civilian casualties, becomes crucial. If many civilians were to perish in the event of an Israeli attack on Khamenei, Israel would need to weigh the potential consequences based on individual cases, as the protection of civilians is essential in armed conflicts according to international law.
