Analysis of Iran’s Legitimate Defense against the Zionist Regime’s Attack on the Iranian Consulate in Syria from the Perspective of International Law

Document Type : Original Article

Authors

1 Associate Professor, Department of International Law, Faculty of Law, University of Qom, Qom, Iran

2 Master's student, Department of International Law, University of Qom, Qom, Iran

Abstract

On 13 Farvardin 1403, the Iranian consulate in Damascus, the capital of Syria, was attacked by the Zionist regime’s fighters, during which 7 Iranian military advisors were martyred. On 26 Farvardin 1403, thirteen days later, in Operation “Obeda Sadeq,” the Revolutionary Guard attacked the military bases of the Zionist regime that had been used to attack the consulate building of our country. Based on Article 51 of the United Nations Charter, the Zionist regime had in fact violated Iranian territory and it was Iran’s natural right to defend itself. Also, based on the requirements of the right to legitimate defense:
1) The Zionist regime carried out a military attack on Iranian territory. 2) Iranian officials had pursued diplomatic paths to establish international peace and security. 3) Iran’s defensive operation was proportionate to the Zionist regime’s attack and no civilian targets were attacked other than the Zionist regime’s military bases. 4) Iran’s military operation was carried out after the Zionist regime’s military attack. 5) The Islamic Republic of Iran officially informed the Security Council about the operation through its representation in the United Nations. In addition to the UN Charter, Iran’s action is based on other reliable documents of international law, including the Vienna Convention on Diplomatic Relations of 1961 and the Vienna Convention on Consular Relations of 1963. As a result, Iran’s military agents’ operation, known as the Honest Promise, was carried out against the military targets of the Zionist regime as a legitimate defense and in accordance with the rules of international law.

Keywords

References

صفایی، حسین (1367). مداخله در امور کشورهای دیگر از دیدگاه حقوق بین‌الملل. حقوقی بین‌المللی، شماره 9.
ضیائی بیگدلی، محمدرضا (1380). حقوق جنگ (حقوق بین‌الملل مخاصمات مسلحانه). تهران: انتشارات دانشگاه علامه طباطبایی.
مسائلی، محمود؛ ارفعی، عالیه (1371). جنگ و صلح از دیدگاه حقوق و روابط بین‌الملل. تهران: دفتر مطالعات سیاسی و بین‌المللی.
Bowett, D.W. (1958). Self Defence in International Law. Manchester University Press.
Brierly, J.L. (1963). The Law of Nations. 6th ed. London: Oxford University Press.
Brownline, I. (1963). International Law and the Use of Force. Oxford: Clarendon Press.
Kelsen, H. (1951). The Law of the United Nations. London: Lawbook Exchange.
Levenfeld, B. (1982). Zionist regime's Counter-Fedayeen Tactics in Lebanon: Self-Defense and Reprisals under Modern International Law. Columbia Journal of Transnational Law, vol. 21.
Mallison, W.T. (1962). Limited Naval Blockade or Quarantine International and Collective Defence Claims Valid under International Law. George Washington Law Review,
vol. 31.
Merazek, J. (1989). Prohibition of the Use and Threat of Force: Self- Defence and Self-Heip in International Law. Canadian Yearbook of International Law, vol. 27.
Nanda, V.P. (1984). The United States Armed Intervention in Grenada: Impcat on World Order. California Western International Law Journanl, vol. 14.
Ohlin, J.D. (2015). The Doctrine of Legitimate Defense. Cornell University Law School, vol. 91.
Paasche, F.W. (1987). The Use of Force in Combating Terrorism. Columbia Journal of Transnational Law, vol. 25.
Journal of Philosophy of Law
Volume 3, Issue 1
June 2024
Pages 51-64

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History

  • Receive Date: 30 December 2024
  • Revise Date: 23 January 2025
  • Accept Date: 18 January 2025

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