Prof. Louis René Beres
Algemeiner, Apr. 16, 2024
“Even if Iran were not in a condition of active belligerency with the Jewish state, an Israeli preemptive action could still be law-enforcing. Israel, in the fashion of every state under world law, is entitled to existential self-defense.”
Though Iran describes its drone and missile attack on Israel as “retaliation,” it is actually an act of aggression. If Iran were an already-nuclear enemy state, Israel’s capacity for lawful self-defense would be glaringly limited. But as Iran is still pre-nuclear, the Iranian aggression could prove net-gainful for Israel. In essence, this Iranian crime offers Israel an 11th hour opportunity to prevent enemy nuclearization. In formal legal terms, such opportunity falls under the heading of “anticipatory self-defense.”
To be sure, the tangible human and material costs to Israel of any further escalation could be very high, but fighting against a not-yet-nuclear enemy that initiated the aggression would represent Israel’s best chance to avoid an eventual nuclear war.
Among other derelictions, Tehran’s earlier assurance that its strike against Israel would be limited “to avoid escalations” was disingenuous. After all, during any crisis search for “escalation dominance” by an already-nuclear Israel and a not-yet-nuclear Iran, competitive risk-taking would favour the former.
Under authoritative international law, defensive first strikes or acts of “preemption” could be permissible in existential-threat circumstances. But even if resorts to anticipatory self-defence would be deemed lawful or law-enforcing, they could still prove unreasonably dangerous, strategically misconceived, tangibly ineffectual, and/or irrational. It follows going forward that Israel will need to evaluate all anticipatory self-defence options along the two discrete standards of law and strategy. … [To read the full article, click here]
