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International Law Is Becoming a Suicide Pact for Western Democracies
(Telegraph-UK) Prof. Gerald M. Steinberg - Former head of Human Rights Watch Kenneth Roth argued in the Guardian on March 1 that joint American-Israeli strikes against the Tehran regime constitute an illegal "act of aggression." He claims that, according to the law of armed conflict, the use of force is illegitimate unless it responds to an attack that has already occurred and is acknowledged by the UN Security Council. His simple theory is dangerously removed from the real world. Roth condemns the U.S.-Israeli decision as though it was taken totally out of the blue, and not a necessary response to aggression. He conveniently omits the central fact that, for decades, the Islamic Republic has been waging a violent war against the U.S. (the Big Satan), Israel (the Little Satan), and many of its Arab neighbors. The regime's fingerprints are on the missile arsenals targeting Israeli cities, on proxy terror militias embedded across Lebanon, Iraq, and Yemen, and on terror plots around the world. When an adversary arms, funds, and directs forces committed to the destruction of a neighboring state - and increasingly to the intimidation of the West - this is not peace. It is war. The moral and legal question is whether, in the real world, states have the right - indeed the obligation - to defend their citizens against a fanatical regime that clearly proclaims its intentions to wipe out its opponents and builds rockets and centrifuges for making nuclear weapons for doing this. Iran's own forces and proxies have launched or facilitated hundreds of lethal strikes against Israeli civilians in recent years. No international law or principle of justice requires a nation to absorb such heinous attacks while waiting for some UN body to authorize defensive action. Article 51 of the UN Charter affirms the inherent right of self-defense. A regime that calls for the elimination of another UN member state cannot reasonably expect that state (i.e., Israel) to treat its march toward nuclear capability as a routine matter of sovereign discretion. In a world of precision missiles and nuclear breakout timelines measured in weeks, not years, waiting for the mass slaughter of a mushroom cloud is not prudence; it is abdication. The war against Iranian tyranny is not the result of lust for conflict in Washington or Jerusalem. It comes because Tehran has made the status quo untenable. The writer is founder and president of NGO Monitor and professor emeritus of political studies at Bar-Ilan University.