The joint US-Israeli strikes on Iran beginning Saturday morning represent a further erosion of the international legal order. Under international law, these attacks are neither pre-emptive nor lawful. The attacks came while diplomatic negotiations between Washington and Tehran were actively underway on Iran’s nuclear programme. Just two days earlier, the most intense round of talks concluded in Geneva, with both sides agreeing to continue. US President Donald Trump indicated he would give negotiators more time. Then came the bombs. Launching strikes during active negotiations violates the principle of good faith in Article 2(2) of the UN Charter.
Israel said the strikes were “preventive”, meaning they were to prevent Iran from developing a capacity to be a threat. But preventive war has no legal basis under international law. The UN Security Council did not authorise any military action, meaning the sole lawful pathway for the use of force for self-defence was never pursued. Article 2(4) of the UN Charter prohibits the use of force against the territorial integrity or political independence of any state. Pre-emptive self-defence requires a threat to be “instant, overwhelming, and leaving no choice of means”. No such conditions existed with Iran on 28th February.
Central to the current crisis is that it was Trump who ended the Joint Comprehensive Plan of Action (JCPOA) in 2018, which had regional support for controlling Iran’s nuclear programme. The US director of national intelligence testified in March 2025 that Iran was not pursuing nuclear weapons, which the head of the International Atomic Energy Agency affirmed. US intelligence also reportedly indicated it would take three years for Iran to build a nuclear weapon. Moreover, US and Israeli strikes on Iran last year had put the programme back by months. At the end of the 12-day war, Trump himself claimed Iran’s nuclear programme had been obliterated.



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