The conflict between Israel and Iran stands out in the Middle East due to its
deep-seated roots in geopolitical, historical, and religious factors. This
enduring hostility has profound implications for both the region and
international law. An analysis of this conflict through the lens of public
international law offers insights into its complexities and potential pathways
to resolution.
Central to the Iran-Israel dispute are issues of state sovereignty and
territorial integrity. Both countries assert their right to self-determination
and sovereignty over their respective territories. However, conflicting claims
to specific areas, including Jerusalem's status, have heightened tensions and
led to confrontations. The concept of territorial integrity, enshrined in
various international treaties and conventions, underscores the importance of
preserving the borders of sovereign states.
Historical Background
- Iran was among the first nations in the area to recognize Israel upon its founding in 1948. Iran developed diplomatic connections with Israel in spite of resistance from Arab governments, motivated by common interests and a pro-Western posture. This partnership was a component of Israel's "periphery doctrine," a Middle East strategy designed to forge alliances with non-Arab, mostly Muslim, nations.
- Iran sustained its pro-Western foreign policy and diplomatic ties with Israel under Mohammad Reza Shah Pahlavi's administration. However, Iran saw tremendous transformation following the Islamic Revolution in 1979. The United States was referred to as the "Great Satan" by the new government, which saw Israel as an occupier of Palestinian territory and called it "Little Satan."
- As a result of this change, Iran and Israel's relationship became strained and they both started to launch strategic offensives and proxy wars against one another. Iran funded extremist organizations like Hezbollah and Hamas, who are hostile to both Israel and the United States, while Israel attacked Iranian nuclear scientists and facilities in an effort to thwart Iran's nuclear program. Concerns concerning the possibility of a wider conflict between Israel, Iran, and their various supporters in the region have been raised by the recent escalation of tensions.
Nuclear Proliferation:
The proliferation of nuclear weapons adds another
layer of complexity to the conflict. Despite Iran's claims of pursuing peaceful
objectives, suspicions regarding its nuclear weapons capabilities have raised
global concerns about its nuclear program. Conversely, Israel maintains a policy
of nuclear ambiguity, neither confirming nor denying possession of nuclear
weapons. This raises questions about states' obligations to engage in good faith
disarmament and adhere to international non-proliferation agreements.
State sponsorship for terrorism:
A significant issue in the Iran-Israel
dispute is the alleged state sponsorship of terrorism. Israel accuses Iran of
supporting terrorist organizations, such as Hezbollah and Hamas, which have
targeted Israeli interests. State sponsorship of terrorism violates the UN
Charter's prohibition on the use of force and principles of state
responsibility. However, proving direct state involvement in terrorist
activities poses challenges, making it difficult to hold nations legally
accountable under international law.
Additionally, the conflict between Iran and Israel is intertwined with broader
regional dynamics, including the Sunni-Shia divide and the Arab-Israeli
conflict. Sunni-majority states in the region resent Iran's support for Shia
forces in Lebanon, Syria, and Iraq, complicating diplomatic efforts to resolve
the crisis. Addressing the conflict requires a comprehensive, multilateral
approach, considering the involvement of various actors with divergent
interests.
Diplomatic Efforts and Multilateral Negotiations:
Diplomatic efforts and multilateral negotiations have been key components of
international attempts to address the Iran-Israel dispute. The Iran nuclear
deal, known as the Joint Comprehensive Plan of Action (JCPOA), exemplifies such
diplomatic measures aimed at limiting Iran's nuclear program. However, the
effectiveness of the JCPOA has been undermined by the United States' withdrawal
in 2018 and subsequent tensions, highlighting the challenges of maintaining
international cooperation amidst shifting political realities.
Role of International Organisation: International organisations, such as the
United Nations and the International Atomic Energy Agency (IAEA), play vital
roles in ensuring compliance with international laws and conventions. The UN
Security Council primarily addresses threats to global peace and security,
including those arising from the Iran-Israel conflict. However, progress on the
matter has been hindered by disagreements among Security Council members,
particularly due to the veto power wielded by permanent members.
Conclusion
In conclusion, the Iran-Israel dispute presents numerous intricate legal
challenges with significant implications for global peace and security.
Resolving these issues requires a commitment to multilateralism and diplomacy,
as well as a nuanced understanding of the legal principles governing state
conduct. Despite the potential obstacles to reaching a settlement, upholding
international law is essential for managing the complexities of this prolonged
conflict and fostering enduring peace in the region.
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