Sunday, 15 June 2025

Israel jumps the shark...

 

Just when you think things couldn't get more bonkers down Israel, Benjamin Netanyahu has jumped the shark and launched an unprovoked missile attack on Iran for no discernable tactical reason and with no warning.  So for all the Zionists driving me bonkers on twitter ... no, pre-emptive strikes are almost all illegal under international law (a bit like moving your civilians into an occupied territory - Article 49 of the Fourth Geneva Convention).  

Under Article 2 of the United Nations Charter (to which Israel is a signatory) "All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the Purposes of the United Nations."

The only exception in international law for pre-emptive action is the Caroline Test.  In 1837 during the Upper Canada Rebellion, the British launched a preemptive attack against a US ship on the Canadian side of Niagara Falls.  There was no warning and so much discussion about whether such an attack was ethical.  The British argued it was because the other side were planning an attack.  In response then then US Secretary of State Daniel Webster formulated the following definition of an "ethical" pre-emptive" attack.  Such an attack could only be lawful if ...


"[The] necessity of self-defense was instant [and] overwhelming, leaving no choice of means, and no moment of deliberation ..., and even supposing the necessity of the moment authorized the [invader] to enter the territories of the [invaded country] at all, [they] did nothing unreasonable or excessive; since the act, justified by the necessity of self-defense, must be limited by that necessity, and kept clearly within it."

This test was reaffirmed by the Nuremberg Tribunal after WWII, which sayeth ...

"the necessity for preemptive self-defense must be "instant, overwhelming, and leaving no choice of means, and no moment for deliberation."

Given the Iranians were not planning to launch a nuclear missile the very next day it's hard to see how the "pre-emptive" strike was in any way legal. and it's even harder to understand why our politicians are giving Israel political cover with nonsense about their being our ally...

Do they follow international law?

Are they members of NATO?

Do we have a treaty with them?

Have they signed the Nuclear Non-Proliferation Treaty?

Did they send troops to help us in Iraq or Afghanistan?

No

No 

No

No

No

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