Since then, hundreds of missiles have been fired, causing extensive damage. Senior military personnel have been targeted, as have nuclear programme installations and scientists working on them. Civilian targets are under attack and hundreds of Iranians have been killed. In response to Israel’s military actions, Iran carries out attacks on Israel. Again, military and civilian targets are hit. Dozens of Israelis are killed.
What does international law say?
International law, as enshrined in the UN Charter, is clear. Countries may not attack each other except in very exceptional cases. It can be a legitimate act in self-defence, which means that a country must first have been attacked or be about to be attacked itself. Israel has provided no evidence that such an attack was imminent. The other exception is if the UN Security Council gives permission, which has not happened. Therefore, the Israeli attack on Iran is illegal. There is no international law mandate for it. Legal experts also conclude this (Dutch link).
How does the Netherlands respond?
Wrong. When a country commits aggression, as Israel is now doing against Iran (and previously against other countries in the region), it should be condemned. The Netherlands (and the EU) does not, despite our constitutional mandate to promote the international rule of law. Above all, the government expresses understanding for Israel’s actions. It does, however, ‘regret’ that Israel ‘felt compelled’ to attack. The Dutch stance will be perceived in Israel mainly as support.
Surely there were still be negotiations?
On Friday, Israel opened the attack, also killing an Iranian negotiator. Two days after the Friday attack, the US and Iran were due to meet again with the intention of reaching agreements on the nuclear programme. These negotiations have since been shelved. The Israeli attack thus not only violates international law, but is also an attack on diplomacy.
How to prevent Iran from getting a nuclear bomb?
It is important to note that the International Atomic Energy Agency states there is no evidence that Iran is making nuclear weapons. However, there are concerns because Iran also makes relatively highly enriched uranium, which is not needed for energy. That Iran is not making a nuclear bomb is also the conclusion of US intelligence agencies. In short, there was certainly still time to reach a diplomatic solution.
Diplomacy has worked well in the past. In 2015, the US and Iran agreed to a deal on the nuclear programme. This ensured that Iran could only enrich uranium at low levels for civilian purposes. This provided additional assurance that Iran would not develop a nuclear weapon, as that would require very highly enriched uranium. This deal worked well for three years until President Trump, in his first term, pulled the US out from under the deal and opted for a policy of confrontation.
The Iranian parliament is now working on a bill to withdraw from the non-proliferation treaty, which prevents nuclear proliferation and mandates disarmament. Israel is one of the few countries in the world that is not a member of this treaty and has nuclear weapons.
Is escalation imminent and how does this war stop?
Escalation is certainly a possibility, especially if the US becomes further involved in attacks on Iran, which will then in all likelihood be responded to again. This must be prevented and the violence, which mainly affects civilians, must stop. This is only possible if the pressure on Israel is increased, by instituting concrete measures. Let’s begin with a condemnation of aggression against Iran and attacks on civilian targets, by any country. It is important that the Netherlands defends international law, because it prevents violence and suffering, but also to remain credible.
International law gains credibility when it is universally applied, which is why Israel should be called upon to join the NPT and renounce nuclear weapons. In addition, at least a full arms embargo against Israel is necessary. It is unacceptable that the Netherlands continues to supply parts for the F-35 fighter plane to Israel via the US, despite a court ruling. This plane is deployed against Iran, as well as in Gaza.
Iran should not leave the NPT and be held accountable for this. This is another reason why it is important that the war stops soon. An EU arms embargo already applies to Iran.
