Any strike on Iran's nuclear sites is illegal and will put Israel in real danger: Law expert

By Alireza Hashemi

Any strike on Iran's nuclear facilities would be illegal under international law as the Israeli regime cannot invoke self-defense in response to Iran’s lawful retaliation, says a law expert.

Reza Nasri, an international legal expert at the Geneva's Graduate Institute of International and Development Studies, told the Press TV website that Operation True Promise II was a legitimate act of self-defense against Israeli aggression, as outlined in Article 51 of the UN Charter.

“Iran's recent use of force against Israel was a legitimate exercise of its right to self-defense under Article 51 of the UN Charter, responding to a series of clear Israeli acts of aggression targeting its territory, sovereignty, citizens, officials, military personnel, and regional interests,” said Nasri.

“As the aggressor, Israel cannot invoke self-defense in response to Iran's lawful actions. Therefore, any Israeli attack, regardless of the target, would be illegal under international law.”

Nasri was referring to calls by former Israeli Prime Minister Naftali Bennett and others for the Israeli regime to attack Iran’s nuclear sites in response to the military operation by Iran earlier this month.

He warned that an attack on Iran’s nuclear sites could lead to broader nuclear proliferation issues and put the Israeli regime in a more dangerous situation.

“An Israeli strike on Iran's nuclear facilities would not only trigger a strong military retaliation in kind from Iran but could also lead to Iran withdrawing from the NPT (Non-Proliferation Treaty). This, in turn, could prompt other regional powers like Saudi Arabia and Turkey to exit the treaty, effectively dismantling the international non-proliferation regime,” he told the Press TV website.

“Israel would then face not only Iran's enhanced nuclear program but potentially those of other regional states, placing it in a far more volatile and dangerous security landscape in the long term.”

The Iranian law expert stated that the Israeli regime’s Western backers must try to stop dangerous acts of escalation by the Israeli regime and encourage Iran to remain in the NPT.

“The United States and its Western allies must recognize that the cost for Iran to remain in the NPT must not outweigh its benefits. Iran will not accept continued sanctions or security threats, whether it complies with the treaty or not,” he said.

“Many in Iran already believe that IAEA inspectors have provided intelligence on its nuclear facilities to the U.S. and Israel, and there is growing sentiment against remaining in the NPT. An attack on Iran’s nuclear sites would likely strengthen this view.”

He also highlighted the environmental risks associated with attacking nuclear facilities, urging neighboring countries and international bodies to issue warnings against such reckless actions.

“There are serious environmental consequences to attacking nuclear facilities, which would impact the entire region. Neighboring countries would likely see such an attack as a grave threat to their populations and security. It is vital that they, along with the World Health Organization, issue strong warnings to Israel against taking such reckless action,” he said.

Israel’s serial violations in Lebanon

Nasri emphasized that Israel's military aggression in Lebanon violates the country's sovereignty, territorial integrity, and political independence, contravening the UN Charter.

Nasri said the Israeli claim of attacking Lebanon in “self-defense” is invalid given Israel's ongoing genocidal war in Gaza, which has claimed more than 42,100 lives in one year.

“This argument doesn't hold up. Since the start of its military campaign, Israel has been carrying out what amounts to genocide in Gaza, with its leaders openly stating this intention from day one. They began by bombing civilian areas intensely and cutting off water, food, and electricity to inflict maximum suffering,” he said.

“Hezbollah's limited actions in the north were meant to pull some of Israel's forces away from Gaza in the hope of reducing civilian casualties. If the UN Security Council had taken decisive action to stop the violence or if member states of the 1948 Genocide Convention had fulfilled their obligation to prevent genocide when warning signs appeared, Hezbollah wouldn't have felt the need to get involved.”

The expert highlighted that Israel's actions are in breach of International Humanitarian Law (IHL), which governs the conduct of armed conflict worldwide.

The indiscriminate attacks on densely populated areas and destruction of civilian infrastructure in Lebanon mirror Gaza, leading to a rising death toll and significant civilian casualties, Nasri said.

“Israel's military actions in Lebanon also represent a serious breach of International Humanitarian Law, which governs the behavior of warring parties regardless of whether their engagement in conflict is legal. In Lebanon, much like in Gaza, Israel has been indiscriminately attacking densely populated areas, destroying essential civilian infrastructure, and aiming to cause maximum casualties. The rising death toll just weeks into the operation is proof enough of this,” he noted.

Nasri characterized Israel as a colonial and apartheid regime that labels its adversaries as terrorists. He said Hezbollah is a liberation movement entitled to resist occupation under international law.

“It is important to remember that Israel is a colonial, occupying apartheid regime that routinely justifies its military aggression by labeling its adversaries as terrorists. In reality, Hezbollah—along with other members of the Axis of Resistance—are not terrorist groups but liberation movements that have the right under international law to take up arms and resort to force to achieve Palestinian self-determination. More broadly, every action Israel takes to sustain its occupation and colonialist policies is illegal,” he said.

‘The West rendered ICJ meaningless’

Addressing the role of the International Court of Justice (ICJ) in bringing to a halt Israeli aggression, Nasri said the ICJ has already issued provisional orders demanding Israel cease its genocide.

However, he noted that efforts to enforce these rulings have been blocked by the United States and other Western powers, rendering the UN Security Council ineffective.

“The International Court of Justice has issued two provisional orders demanding that Israel cease its extreme violence against civilians. Algeria even convened a Security Council meeting to enforce these rulings and stop the bloodshed; however, all efforts were blocked by the United States and other Western powers,” he said.

The expert stated that the Israeli regime’s Western backers are also responsible for the war in Gaza and Lebanon.

“If the Security Council had decisively acted to ensure Israel’s compliance with orders regarding Gaza, perhaps we could have prevented further expansion of Israeli crimes into Lebanon. In this regard, the United States bears significant responsibility for rendering the Security Council ineffective in the face of Israel's atrocity crimes.”

Alternatives for ICJ action

When asked if there are any alternative avenues for accountability outside the ICJ, Nasri suggested that other bodies could fill this void if there’s political will within the international community.

He stated that the International Criminal Court (ICC) can issue arrest warrants for Israeli regime officials based on substantial evidence of war crimes committed by them.

“The ICC's pre-trial chamber must urgently issue arrest warrants for Netanyahu and other high-ranking Israeli officials. There is substantial evidence supporting war crimes accusations against them; it is evident that Israel's judicial system lacks independence and credibility to pursue these cases domestically,” Nasri told the Press TV website.

He emphasized that all 153 State Parties to the 1948 UN Genocide Convention have an obligation to prevent genocide and urged member states to take decisive action against ongoing genocidal wars.

Lastly, he stated that with the Security Council's ineffectiveness, the UN General Assembly must recommend collective measures against Israel—including potential economic sanctions or political actions aimed at ending the Israeli genocidal actions.

“Given that the Security Council has been rendered ineffective by US and other Western permanent members' actions, it is crucial for the UN General Assembly to step in and recommend collective measures. The Assembly must use all its prerogatives to compel Israel toward a ceasefire,” he said.

“These measures could include recommending economic sanctions or political actions such as reviving the 1975 resolution declaring Zionism a form of racism or reinstating the United Nations Special Committee Against Apartheid established in 1962 aimed at dismantling South Africa’s apartheid regime.”

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