A Legal Scholar's Perspective on the Israeli Offensive

On June 13th, missiles launched from Iran were visible over Jerusalem. That same day, Israel initiated a sustained offensive, targeting nuclear and military sites, along with other structures. The timing of such an action, with its potential for global escalation, raises significant questions.

Reflecting on Israel's justification of its actions as "self-defense" and "pre-emptive," I recalled a conversation with a scholar of international law. I had the opportunity to interview Italian jurist Antonio Cassese, discussing his views on war and international criminal justice. Our discussion also touched upon the Iraq War and the broader Middle East.

When I inquired about "preventive pre-emptive strikes," Cassese offered a specific framework. He outlined three conditions that must be met to justify such an action. First, solid proof of the impending threat must be provided to the United Nations. Second, the attack must be limited to "dangerous targets," excluding the government or administrative systems. Third, if the attack proves to be based on a misjudgment, the attacking party must agree to be tried in an international court of law.

"Then, that’s an act of aggression.” He emphasized that armed force cannot resolve conflicts, only international law can. He also highlighted the crucial importance of multinational efforts to end conflicts.

The "father of international law," Hugo Grotius, published his seminal work on the law of war and peace exactly 400 years ago. The persistence of warfare, despite the inevitable regrets, evokes a sense of despair.

I often wonder how Cassese would have responded to the recent Israeli offensive if he were still alive. Would he have condemned Israel for disregarding his three conditions? My intuition suggests he would have urged the international community to uphold international law, which he believed was the only path to conflict resolution.

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