Document Type : Article
Authors
1 Assistant Prof. of Law Department, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
2 Assistant Prof. of Law Department, Bandarabbas Branch, Islamic Azad University, Bandarabbas, Iran.
Abstract
Abstract: On the morning of January 3, 2020, General Qassem Soleimani and his companions were targeted by a US drone near Baghdad airport and were martyred. In their first comments, the president and some other officials of the US declared the aforementioned action as Anticipatory Self-defense against an imminent attack, but in its letter to the Security Council, the American government declared the intended action as a Self-defense against an armed campaign and a series of real attacks by Iran-affiliated forces during the last months of 2019. The attacks that were carried out by the American authorities on behalf of the Islamic Republic of Iran and under the leadership of General Soleimani against bases, diplomatic places and American forces. This letter can be considered the official position of the United States. In this regard, some jurists found the American government's justification acceptable by resorting to the doctrine of "accumulation of events". The current research has evaluated the official justification of the US by using the analytical descriptive method and concluded that this claim and the arguments of the lawyers who defend it lack international legal validity and it is dangerous interpretation of the right of Self-defense in international law.
Keywords
Main Subjects
English
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References In Persian:
- Fleck, Dieter (2008) The Handbook of International Humanitarian Law, 2nd ed. Edited by Dieter Fleck. Oxford; New York: Oxford University Press.
- Ghasemi, Ali, barin Chaharbakh, Victor (2012), Self-defense in the Post - 9/11: An Examination of the Jurisprudence of the ICJ, International Law Review, Volume 28, Issue 45, Pp. 175-194. Doi: 22066/cilamag.2011.16951
- Momtaz, Jamshid, Saberi Niavarani, Behzad (2012), Impact of Subsequent Practice of States on the Principle of “Prohibition of Use of Force and Threat”, Volume 21, Issue 2, Serial Number 63, September 2012 Dor: 1001.1.10283102.1391.21.2.6.0
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