Iran's attack on Israel: Claimed to be the largest drone attack in world history
GHRTV
16.04.2024
Asuman Ece Yıldız
Team Middle East Researcher
Global Human Rights Defence
On April 13, 2024, at 20:00 GMT, Iran initiated an aerial assault on Israel that lasted for a duration of five hours. [1] The operation was called “True Promise”. [2] The operation involved the utilisation of approximately 350 rockets, 170 drones, 30 cruise missiles, and over 120 ballistic missiles orchestrated by Iran and its allies, including Iraq, Jordan, Yemen, and Lebanon. [3] Explosions reverberated throughout Jerusalem and Tel Aviv. This attack is considered to be the largest drone attack ever carried out by any country. [4]
Despite the intensity of the offensive, Israel reported no casualties. [5] The Israeli military confirmed that only a small number of hits were detected. [6] Additionally, minor infrastructure damage was reported at a base in southern Israel. [7]
Why did Iran attack Israel?
The main catalyst for the attack was the bombing of the Iranian embassy in Damascus, Syria on April 1, 2024, which resulted in the loss of eight lives, including a prominent military figure. [8] Both Syria and Iran attributed the attack to Israel. [9] The strike demolished a consular building, claiming the life of Mohammed Reza Zahedi, a high-ranking commander in Iran’s elite Revolutionary Guards (“the IRGC”), along with several other officials, including another senior commander, Mohammad Hadi Haji Rahimi. [10] However, Israeli authorities have refrained from issuing any statements regarding the incident. [11]
Another contributing factor is the ongoing genocide in Gaza, coupled with deeply hostile relations with Israel. [12] Initially, Iran's strategy did not include direct attacks on Israel, aiming to prevent Israel from exploiting the regional chaos and diverting attention away from Gaza. However, following the attack in Damascus, Iran's strategy shifted. [13]
Possible legal arguments for Iran: Right to self-defence or countermeasure?
In international law, the use of force against another state is prohibited under Article 2, paragraph 4 of the UN Charter. [14] However, there are exceptions to this prohibition: exercising the right to self-defence, which necessitates an armed attack from the targeted state in question; obtaining authorisation for the use of force against a state by the UN Security Council. [15]
Iran's use of force against Israel could potentially be justified as a right to self-defence if the conditions outlined in Article 51 of the UN Charter are met. [16] The primary condition is the existence of an armed attack against a state, requiring imminent action. [17] While the attack on the Iranian Embassy in Damascus may be construed as an armed attack, it does not demand immediate action. Moreover, the attack occurred on April 1, 2024, whereas the Iranian retaliation took place on April 13, 2024, thereby weakening the argument for self-defence.
Another plausible legal argument, which may prove more effective than self-defence, is that of countermeasures. Countermeasures are governed by Article 49 of the UN Draft Articles on Responsibility of States for Internationally Wrongful Acts, and constitute a response to an internationally wrongful act aimed at ceasing the wrongdoing of the state in question. [18] Despite strict regulation, Iran might opt for this legal avenue, contending that the ongoing genocide in Gaza constitutes a violation of an international law norm that has a jus cogens nature, necessitating a response of an erga omnes character, implicating all states’ responsibility to act against Israel. [19] Nonetheless, it is legally contentious whether a state can resort to reprisals against another state to halt significant violations of international law, particularly genocide, crimes against humanity, and other large-scale human rights violations. [20]
Sources and further readings:
[1] Al Jazeera, ‘ Iran attacks Israel with over 300 drones, missiles: What you need to know’, 14 April 2024<Iran attacks Israel with over 300 drones, missiles: What you need to know | Explainer News | Al Jazeera> accessed 18 April 2024.
[2] Al Jazeera, ‘ Why and how did Iran launch a historic attack on Israel?’, 14 April 2024<‘True Promise’: Why and how did Iran launch a historic attack on Israel? | Israel War on Gaza News | Al Jazeera> accessed 18 April 2024.
[3] Supra note 1.
[4] Supra note 1.
[5] BBC, ‘What was in the wave of Iranian attacks and how were they thwarted?’. 16.04.2024,< What was in wave of Iranian attacks and how were they thwarted? (bbc.com)> accessed 19 April 2024.
[6] NationalPost.com, ‘Israel says 'vast majority' of missiles launched from Iran intercepted’, 13 April 2024 <Israel says 'vast majority' of missiles launched from Iran intercepted | National Post> accessed 19 April 2024.
[7] Supra note 1.
[8] BBC, ‘Why has Iran attacked Israel’, 15.04.2024 <Why has Iran attacked Israel? (bbc.com)>, accessed 18 April 2024.
[9] Ibid.
[10] Ibid.
[11] Ibid.
[12] Euro News, ‘Revenge, geopolitics and ideology: Why did Iran attack Israel’, 14.04.2024<Revenge, geopolitics and ideology: Why did Iran attack Israel? | Euronews> accessed 19.04.2024.
[13] Ibid.
[14] Article 2 Paragraph 4 of the UN Charter see: United Nations Charter (full text) | United Nations
[15] Justia, 'Use of Force Under International Law', June 2023 <Use of Force Under International Law | International Law Center | Justia> accessed 19 April 2024
[16] Supra note 1
[17] Supra note 15.
[18] Article 49 of ARSIWA (Articles on Responsibility of States for Internationally Wrongful Acts) <https://legal.un.org/ilc/texts/instruments/english/draft_articles/9_6_2001.pdf> accessed 22.04.2024.
[19] Møgster, Dag Einar, ‘Erga Omnes and Countermeasures: Countermeasures by Non-injured States in Response to Mass Atrocities’ (2014) 108 American Journal of International Law 407.
[20] Ibid.
