The international legal order loses its effectiveness when faced with the unilateralism of hegemonic powers as well as acts that flout universally accepted norms. If such practices remain unaddressed, there is a risk that the order will lose its foundational purpose: the protection of justice, peace, and the sovereignty of nations.
The attack by the United States and Israel on Iran, including the targeted killings of scientists and intellectuals, bombing of IAEA-approved nuclear facilities, and strikes against residential, medical, media, and public infrastructure, is a prime example of illegal, unilateral action that must not remain unaddressed. It is a wrongful act and a clear violation of fundamental norms of international law.
In this context, the principle of state responsibility, which dictates that states are held accountable for wrongful acts, must be applied. This principle was codified by the International Law Commission ILC in its 2001 Draft Articles on Responsibility of States for Internationally Wrongful Acts, which have since been widely recognised and cited by international courts and tribunals.
Per their provisions, the commission of a wrongful act – such as the unlawful use of force – constitutes a violation of an international obligation and imposes a binding duty on the responsible state to provide full and effective reparation for the harm caused.
In the case of the illegal acts committed by the United States and Israel, the scope of legal responsibility goes far beyond ordinary violations. These acts not only contravened customary international law, but also breached peremptory norms, the highest-ranking norms within the international legal hierarchy. Among these, the principle of the prohibition of aggression is a core and universally binding rule. No state is permitted to derogate from this norm, and violations trigger obligations, requiring all members of the international community to respond collectively to uphold the law.
There are at least two relevant legal precedents that can guide the application of the principle of state responsibility and the obligation for reparations in the case of Iran.
In 1981, the United Nations Security Council adopted Resolution 487 in response to Israel’s attack on Iraq’s nuclear facilities. It unequivocally characterised this act of aggression as a “serious threat to the entire safeguard regime of the International Atomic Energy Agency [IAEA]”, which is the foundation of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT). The resolution also fully recognised the inalienable sovereign right of all states to establish programmes of technological and nuclear development to develop their economy and industry for peaceful purposes.
Article 6 stipulates that “Iraq is entitled to appropriate redress for the destruction it has suffered, responsibility for which has been acknowledged by Israel”. By mandating that the aggressor compensate the victim for the resulting damages, the resolution provides a clear legal precedent for pursuing redress in similar cases.
Thus, given the fact that the attacks by the US and Israel were carried out with public declarations confirming the operations and are well-documented, the application of the principles and provisions of Resolution 487 to the Iranian case is not only appropriate and necessary but also firmly grounded in international law.
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