Monday, July 17, 2006

The Right to Attack Israel


A friend of mine recently came up with the folowing two reasons why it is justifiable under international law for Israel to be attacked. A very simplified explanation of how international law could be used if there was any such things as consistency and justice in the world today.

I. Collective Self-Defence

- The Lebanese government requested the Security Council to intervene.
- There was an armed attack on Lebanon as understood under Art.2(4) UN Charter.
- This armed attack gives a right for Lebanon to act in self-defence under Art.51 UN Charter and customary international law.
- Lebanon can call other states or regional security organisations for collective self-defence.
- This right remains with Lebanon and other member states as long as the SC remains inactive.
- Once the SC takes action this right is then suspended. However t he SC has rejected Lebanon's call for assistance from the SC.
- If any state decided to follow Lebanon's call and to act in collective self-defence then they could do so.

Therefore, if Iran or Syria strike Israel or assist Hizbullah then they are doing this in concordance with international law.

II. Humanitarian Intervention

- Israel is killing the Palestinian people to which it has a duty of care towards under the international law of occupation.
- Israel also purposively frustrates the internationally recognised right of self-determination of the Palestinian people.
- Israel also set a legal system in place amounting in fact to an Apartheid system towards non-Jews.
- The SC failed and refused to act despite these grave breaches of international law.

Therefore, all states have a right to use force against Israel on grounds of humanitarian intervention.

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