Legal Considerations for Britain's Potential Support in US Bombing of Iran

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Keir Starmer is weighing up whether to back the US and – as a lawyer – will be aware of the legal landscape

Keir Starmer, as a lawyer, is contemplating whether Britain should assist the US in bombing Iran. Richard Hermer, the attorney general, has cautioned him about the potential legal ramifications of UK involvement. Starmer, a former human rights lawyer and critic of the Iraq war, is well-versed in the legal complexities surrounding military engagement with Iran.

Support from Britain

British officials have made it clear that the UK is not expected to deploy its military forces in any attack on Iran. Instead, a crucial decision would be whether to grant permission for the US to use B-2 stealth bombers from the Diego Garcia airbase in the Indian Ocean. While the base is primarily used by the US, it is under a new 99-year lease agreement with Mauritius, giving the UK operational control. Starmer would need to approve its use for an attack. RAF Akrotiri in southern Cyprus could also serve as a potential launch site for US aircraft, necessitating approval from the British government.

Legal Implications

The UN charter outlines principles governing the use of military force, including self-defence, humanitarian intervention, and authorization by the security council. The bombing of Iran would likely be justified as self-defence under Article 51 of the charter, citing an actual or imminent threat of an armed attack that can only be averted through force that is proportionate.

International Law and US Actions

It may be challenging for the US to argue that an attack on Iran's nuclear program constitutes self-defence against an imminent armed attack. The White House could claim collective defence of Israel, contingent on Israel's compliance with international law in its initial attack on Iran and the US's use of force being limited to protecting Israeli and US interests.

Legality of Israel's Actions

Israel's bombing campaign aims to disrupt Iran's nuclear program and prevent it from acquiring nuclear weapons. The legality hinges on demonstrating the imminence of a nuclear threat and the necessity of immediate action. Past incidents, such as the attack on the Osirak nuclear reactor in Baghdad, have faced international condemnation for not exhausting diplomatic options. Comments from Israeli officials also raise questions about the true motives behind the campaign.



Source: The Guardian
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