Two
Israeli missile class warships sailed through Egypt’s Suez Canal
into the Red Sea this week, some days after one of their nuclear
submarines. The news barely blipped the media surface of the United
States.
It
should have raised a few questions: Will Israel really attack Iran?
What does the law have to say to Israel - and to Egypt? Will the
world act to prevent war?
The
idea of an Israeli attack on Iran is almost unthinkable. It could
devastate Iran and have repercussions beyond a counter-attack on
Israel. Nuclear fallout could affect neighboring countries. Americans
in the region and elsewhere could be vulnerable. Iran could close
the Strait of Hormuz through which about 20% of world oil flows,
perhaps felling a global economy already on its knees. As French
president Nicolas Sarkozy said at the G8 summit, such a unilateral
act would be an “absolute catastrophe.”
Barack
Obama wants a diplomatic resolution of the standoff over Iran’s
nuclear program, so perhaps all we are seeing is Israeli sabre-rattling.
If this is all, it is still useful to Israel. Israeli strategists
have openly said they prefer Mahmoud Ahmadinejad in power - his
inflammatory rhetoric is more likely to keep Iran at loggerheads
with the world - and an external threat strengthens Ahmadinejad
against his reformist rivals. Israeli military maneuvers also reinforce
Iran’s determination to seek a nuclear deterrent, thus keeping the
country isolated. And it distracts attention from Israel’s relentless
colonization program in the occupied Palestinian territories.
Yet
an attack cannot be ruled out: Israel has been known to do the unthinkable.
The world cannot afford to wait and see. The United States in particular
needs to take more muscular action. The Obama administration does
not have to expend political capital by taking Israel on by itself.
It can make use of the protection provided by the United Nations
and international law.
There’s
plenty to work with: An Israel strike against Iran would be against
the law. Any state’s use of force must be justified as self-defense;
otherwise, it is a fundamental violation of the United Nations Charter.
What’s more, International law expert Richard Falk says, even the
threat to use force is unlawful.
Israel’s
“threat diplomacy” is “explicitly prohibited by the Charter,” the
American Jewish law professor explains, because the threat to use
force can be as disruptive as the use of force itself. It constitutes
a crime against peace, as it was defined at the Nuremburg Tribunal
after World War II, becoming a principle of international law. It
promotes an arms race and escalates tension.
Today,
there are tensions indeed, and they evoke eerie echoes of the June
1967 war. The weeks before the war were full of military maneuvers
and tough talk that culminated in the lightning Israeli attack on
and victory over Egypt, Syria, and Jordan.
Israel
knew full well that the Arabs did not intend war. The late premier
Menachem Begin told the Israel National Defense College in 1982:
“We must be honest with ourselves. We decided to attack [Nasser].”
The military swagger provided the cover for Israel’s strike.
If
the world doesn’t want to spend the next 42 years trying to unravel
the consequences of another Israeli attack - this time against Iran
- it must act fast.
First,
countries must be careful not to be complicit in Israel’s “threat
diplomacy.” So while Egypt has no right to block the passage of
Israeli vessels through the Suez Canal, Falk refers to the concept
of “innocent passage” in international law. Whether Israel’s deployment
of its warships and nuclear submarines can be seen as innocent -
given the threats it has been making - is a tricky question under
international law. Egypt may well have a duty to the international
community not to allow such passage. And if so, the international
community must support it in this position.
Second,
countries must lay down the law. Obama was quick to deflect Joe
Biden’s claim that Israel, as a “sovereign nation” was entitled
to decide on a strike against Iran. Obama underscored that America
had “absolutely not” given Israel a green light. He even appeared
to slap his vice president on the wrist by saying it was very important
that his administration be as clear and “as consistent as it can
be.”
But
Obama did not go far enough. Biden’s remark is not just another
unguided missile: It is not consistent with international law. No
state, however sovereign, has the right to threaten world peace
unless it is acting in self-defense or has a mandate from the United
Nations Security Council.
This
is what Biden should have said, what Obama must say, and what all
countries, Egypt included, must uphold. Otherwise we will all pay
a heavy price.
BlackCommentator.com
Guest Commentator. Nadia Hijab, is a Senior Fellow at the Institute
for Palestine Studies. This commentary was syndicated and distributed
by Agence Global. The Institute has produced authoritative studies
on Palestinian affairs and the Arab-Israeli conflict since 1963.
Its flagship Journal of Palestine Studies is published by the University
of California Press. Click here
to contact Nadia Hijab. |