Iran vehemently accuses Israel of a blatant breach of International Law because it attacked Iranian nuclear and other infrastructure and military facilities on 12/13 June. They say it was an act of aggression in breach of The United Nations Charter, Article 2(4), and a declaration of war. They are supported by Russia and China echoing the accusation. Israel’s declared purpose however is to destroy sufficient of Iran’s nuclear capability so that it cannot build a nuclear weapon, which Israel and the USA say Iran is close to achieving, and to neutralise Iran as a threat to Israel’s survival. How close is unclear. It is apparent that Israel decided the time was right to so degrade Iran’s military capability that its threat to Israel is severely weakened, just like it seeks to do with Hamas and Hezbollah. But international lawyers, particularly where there is anti-Israel sentiment, are also lining up with their erudite opinions that Israel is committing yet more crime, added to Gaza and its behaviour in the war on Hamas.
Israel’s efforts have been supplemented by the USA dropping mega bombs on Iran’s enrichment facilities, and Trump now celebrates their obliteration. Others suggest that this will be a major setback but maybe no more than that, and there is a risk that they still have enough enriched uranium available to continue building nuclear weaponry. This has distracted attention from Israel and has in fact led to a fragile ceasefire.
The media too had, before Trump dropped his bombs, been obsessing with the legal arguments. But are they of any relevance at all? This article is not about legal analysis but a neutral common-sense observation of what is happening between Iran and Israel. Have not Iran and Israel been at war with each other for years, in which case the niceties of Article 2(4) are surely irrelevant and these new attacks are but the next act in a brutal conflict ?
ISRAEL – THE CANCEROUS TUMOUR OF THE MIDDLE EAST SAYS KAMEINI
From the start of this century, and perhaps before, Iranian leaders have espoused the annihilation of Israel. Ayatollah Al Kameini, Iran’s Supreme Leader, in December 2000, called Israel a “cancerous tumour” that should be removed from the region. Numerous Iran leaders have echoed or reworked the objective, for example calling Israel a “disgraceful blot” to be wiped off the face of the earth. And so, it has gone on ever since. Iran has been “negotiating” with the West about its nuclear bomb preparations for years, whilst using the time enriching uranium to get it to warhead standard. And in June the IAEA declared Iran to be in clear breach of its non-proliferation obligations. There seems little doubt it is building a capability to have a nuclear weapon. Given Iran’s objective to annihilate Israel, it is hardly surprising that Israel regards a nuclear bomb as a serious threat.
For years it seems, Iran has sponsored Hamas and Hezbollah, weaponizing them and supporting them, perhaps directing them, and they have all been engaged in their prime declared purpose of destroying Israel; they are commonly referred to as Iran’s proxies and by Iran itself as its “resistance front”. Iran, the spider in the genocidal web, has been at war in effect with Israel for a long time, and any doubt was removed by the Hamas invasion of Israel in October 2022, a declaration of more war by Iran’s proxy.
WHAT IS IRAN ABOUT?
Iran’s leaders clearly want the destruction of Israel. Iran is led by religious fanatics. Western commentators who have experience of Iran over the last decades are clear. For example, John Simpson of the BBC and Matthew Syed in the Times have both recently talked of the brutality of the Iran ruling regime, which in its approach to suppression of opposition has much in common with Putin and Xi but is more blatant and perhaps more vicious. Matthew Syed exemplifies their cruelty by how, in the Iran/Iraq war, ruling extreme Islam Mullahs persuaded children that death was martyrdom and so sent them off as cannon fodder or as human minesweepers. He refers to their “death cult”, fanatical religious zealots for whom death is the objective. This is why in their hands a nuclear bomb is more dangerous than with others. For nations like the UK the nuclear option is a deterrent, never to be called on it is hoped. But for suicidal fanatics it is a route to destruction of Israel, a holy mission, and so a threat to the whole of the Middle East: as, if such a bomb were detonated against Israel, a widespread nuclear Armageddon could ensue including the wipe-out of Iran itself.
If this Iran-Israel conflict were to lead to the removal of the fanatical Mullah leaders of Iran, that could be a relief to the world, depending on their replacements! Iran will nevertheless for now continue to say Israel is the aggressor and committing war crimes by its attacks on cities such as Tehran, yet it is notable how most if not all of the Israeli air strikes are aimed at military or critical infrastructure unlike Iran’s counterstrikes. Iran meanwhile also threatens its own attacks on Israeli allies, notably the USA and the UK, but would such acts put it at war with the UK and the USA? Does the mere threat of such acts not justify the taking of pre-emptive action against Iran by those countries?
Lastly, can Iran straight-face argue that Israel is the aggressor when, it has through Hamas and Hezbollah at least been attacking Israel for years, and can it do so, when Iran itself has on at least two occasions in 2024, itself attacked Israel with missiles and drones, following the killing of its senior IRGC officers in Damascus in April and of Hamas and Hezbollah leaders in October?
ISRAEL IS NOT A NEW AGGRESSOR
To cast Israel as the aggressor against Iran is perverted. Yes, they have been sworn enemies for years. But any normal assessment would see this degrading of Iran military by Israel as an act of self-preservation, a natural consequence of seeking also to defeat Hamas and Hezbollah by seeking to cut off their sponsoring snake head which is Iran. If the lawyers and theorists would recognise that this is a war ongoing for some time, the weapon which is international law being fired by Iran supporters would be neutralised. And now there is the ever-cautious supporter of minority causes, the close friend and confidant to the UK PM and the Government’s chief in house legal adviser, his human rights barrister colleague Lord Hermer gnashing his teeth to limit the ability of the UK to support Israel. Perhaps he should learn also to account for the interests of the UK which he serves.
This a war which the world should want Israel to win conclusively, especially to prevent the barbaric enemies of civilisation, the Iranian ruling Mullahs, from being able to threaten world peace with a nuclear bomb. While Western Governments recognise the value of Trump having decisively damaged Iran as a nuclear threat, they at the same time have offered no real help. Indeed, President Macron has declared the USA had no legal basis to attack Iran and that negotiation was the only way: unfortunately, such negotiation for years having been a total failure, as a weapon was actually being built, Macron exhibits the righteous useless inaction and inability to confront reality which has pervaded among the supine leaders of Europe so far . As the dust settles, if indeed it does, will the anti-USA legal lobby be stirring the criminality of the bombing of Iran.
