On January 8, 2020, the United States
reported to the United Nations Security Council that it had taken measures in the exercise of its inherent right of self-defense in accordance with Article 51 of the United Nations Charter. These measures “include” the January 2 drone strike that killed Qassem Soleimani, commander of a branch of Iran’s armed forces, as well as several members of Kata’ib Hezbollah,
formally part of Iraq’s armed forces. The U.S. letter is legally flawed in many respects. I will try to identify its main flaws. No doubt, I will overlook some.
Before discussing what the letter says, let me mention what it does not say. The letter does not say, let alone try to establish, that an armed attack by Iran against the United States was
ongoing or
imminent. It does not say, let alone try to establish, that the U.S. strike was
necessary or
proportionate to achieve a legitimate defensive aim. The letter does not say, let alone try to establish, that the use of armed force against
Iraq—on Iraq’s territory, killing members of Iraq’s armed forces, without Iraq’s consent—was consistent with Iraq’s rights under international law. These silences speak volumes.
...
Conclusion
The U.S. letter fails on every level. It fails to attribute past armed attacks to Iran, fails to allege imminent future armed attacks by Iran, and essentially admits that the U.S. strike was an unlawful reprisal rather than lawful self-defense. (The same kind of
unlawful reprisal that Iran undertook with its subsequent ballistic missile attack.)
On the same day that the United States reported that it exercised its right of self-defense against Iran, Iran reported that it exercised its right of self-defense against the United States. Iran’s
letter was also legally flawed in many respects (see
here). Among other things, Iran’s letter closed by claiming to respect “the independence, unity, sovereignty, and political independence” of Iraq, on whose territory Iran used armed force without consent. Hypocrisy is the tribute that vice pays to virtue. But at least Iran paid that small price. The U.S. didn’t even bother.