Israel has consistently issued explicit and implicit threats to target Iran’s peaceful nuclear facilities through armed attacks. A notable recent threat was made by Israel Katz, the newly appointed Israeli Defense Minister, on Monday, November 14, 2024, wherein he stated that “Iran was more exposed than ever to strikes on its nuclear facilities.”

The legitimacy of Israel’s threat to attack Iran’s nuclear facilities under international law is the focal point of this  short paper’s examination and evaluation. The findings of this research indicate that, from the perspective of international law—including the United Nations Charter, various resolutions of the United Nations Security Council and the General Assembly, resolutions of the International Atomic Energy Agency,—Israel’s threat to attack Iran’s nuclear facilities is prohibited and illegal. Such actions would constitute a violation of international obligations and result in Israel’s international responsibility.

Prohibition of the Threat of Armed Attack Against Nuclear Installations in the UN Charter

The United Nations Charter does not specifically mention the prohibition of threats of attack by states against peaceful nuclear installations of other countries. However, Article 2, paragraph 4, of this global treaty establishes a general rule that encompasses the prohibition of threats against nuclear installations. This paragraph stipulates that “all members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the United Nations.”

The threat of armed attack against a country’s peaceful nuclear facilities is considered an example of the threat of force in international relations. On June 19, 1981, the United Nations Security Council unanimously condemned Israel’s attack on Iraq’s nuclear facilities as a violation of Article 2, paragraph 4, of the United Nations Charter. In this instance, the Council called on Israel to refrain from attacking or threatening to attack Iraq’s peaceful nuclear facilities or the peaceful nuclear facilities of any other country in the future. The Council also considered Israel’s attack on Iraq’s nuclear facilities to be a violation of the International Atomic Energy Agency’s safeguards regime and a threat to international peace and security, demanding compensation for the damage caused by this attack on Iraq[1].

The United Nations General Assembly also deemed Israel’s attack on Iraq’s nuclear facilities as a violation of Article 2, paragraph 4, of the UN Charter, a breach of the International Atomic Energy Agency (IAEA) safeguards system, and a threat to international peace and security. Moreover, the Assembly explicitly considered Israel’s threat to attack the nuclear facilities of other states to be contrary to international law and a violation of the provisions of the UN Charter[2]. Similarly, in 1990, the Assembly considered the threat to attack nuclear facilities to be a violation of the UN Charter and  Recognized that an armed attack or a threat of armed attack on a safeguarded nuclear facility, operational or under construction, would create a situation in which the Security Council would have to act immediately in accordance with the provisions of the Charter of the United Nations, including measures under Chapter VII[3].

Prohibition of Threats of Attack Against Nuclear Facilities in IAEA Resolutions

The International Atomic Energy Agency (IAEA) has consistently considered threats of attack against peaceful nuclear facilities under safeguards to be contrary to international law in its resolutions. In 1985[4] and 1988, the IAEA General Conference recognized the threat of armed attack against peaceful nuclear facilities as a violation of the principles of international law, the United Nations Charter, and the Statute of the Agency. Furthermore, the Agency considered that any attacks or threats of attack against nuclear facilities devoted to peaceful purposes jeopardize the development and further promotion of the peaceful uses of nuclear energy. Such actions undermine the achievement of one of the principal objectives of the International Atomic Energy Agency[5].

Additionally, in 1990, the General Conference identified the threat of attack against operational nuclear facilities and those under construction as a violation of the United Nations Charter. The resolution stated that attacks or threats of attack on nuclear facilities dedicated to peaceful purposes could jeopardize the development of nuclear energy and  the safeguards system of the International Atomic Energy Agency (IAEA)[6].

In 2009, the IAEA General Conference once again addressed the issue and adopted a decision recognizing that threatening to attack peaceful nuclear facilities constitutes a violation of the United Nations Charter and the IAEA Statute[7].The threat of armed attacks on nuclear facilities has been addressed and prohibited in the resolutions of the IAEA General Conference on nuclear safety[8] and security[9].

Provisions of the United Nations Charter, along with the practices of the Security Council and the General Assembly, as well as the resolutions and decisions of the International Atomic Energy Agency, indicate  that Israel’s threat to attack Iran’s peaceful nuclear facilities contradicts international law and is illegitimate. Such threats are considered a violation of the international obligations of the threatening state and are seen as a threat to international peace and security, which give rise to the international responsibility of the threatening state. According to the United Nations Charter, the Security Council is responsible for taking action against the threatening state and eliminating the means of the threat in accordance with Chapter VII of the Charter. However, the threat of an armed attack against nuclear facilities does not give rise to the right of self-defense for the threatened state, since Article 51 of the Charter[10] stipulates that the right of self-defense is only created for a state if it is the target of an armed attack.

References:

1. Resolution 487 (1981) / adopted by the Security Council at its 2288th meeting, on 19 June 1981.
2. UNGA res 41/12, 1986 on Armed Israeli aggression against the Iraqi nuclear installations and its grave consequences for the established international system concerning the peaceful uses of nuclear energy, the non-proliferation of nuclear weapons and international peace and security : resolution / adopted by the General Assembly.
3. PROHIBITION OF ATTACKS ON NUCLEAR FACILITIES, (A/RES/45/58/ J),1990,para,1.
4. PROTECTION OF NUCLEAR INSTALLATIONS DEVOTED TO PEACEFUL PURPOSES AGAINST ARMED ATTACKS, GC(XXIX)/RES/444, 27 September 1985
5. PROHIBITION OF ALL ARMED ATTACKS AGAIHST NUCLEAR INSTALLATIONS DEVOTED TO PEACEFUL PURPOSES WHETHER UNDER CONSTRUCTION OR IN OPERATION, GC(XXXII)/845 1 September 1988
6. PROHIBITION OF ALL ARMED ATTACKS AGAINST NUCLEAR INSTALLATIONS DEVOTED TO PEACEFUL PURPOSES WHETHER UNDER CONSTRUCTION OR IN OPERATION, Resolution adopted during the 332nd plenary meeting on 21 September 1990
7. prohibition of armed attack or threat of attack against nuclear installations, during operation or under construction Decision adopted on 18 September 2009 during the eleventh plenary meeting The General Conference considered the agenda item 24 entitled “Prohibition of armed attack or threat of attack against nuclear installations, during operation or under construction.
8. Nuclear and radiation safety Resolution adopted on 20 September 2024 during the eleventh plenary meeting,preamble,k
9. Nuclear Security Resolution adopted on 20 September 2024 during the eleventh plenary meeting,preamble,dd
10. Article 51: “Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security”.