Mideast Security and Policy Studies No. 206
EXECUTIVE SUMMARY: For the most part, Israel’s no-choice Gaza War has been fought against sub-state terrorist adversary Hamas. But on April 13, 2024, Iran launched a first-ever direct missile and drone attack upon Israel. Though Tehran claimed the attack was permissible retaliation for Israel’s prior targeting of Iranian diplomats in Syria, the victims were in fact senior terrorist operators and the shielding consulate was being used perfidiously by Iran. Moreover, the Iranian attack was intentionally indiscriminate (displaying mens rea, or criminal intent) and thus a violation of humanitarian international law. The critical question for Israel is now this: What forms of lawful reaction should be launched against Iran, and when?
The single most important standard of operational choice should center on Israel’s long-term survival, especially its necessary protection from a prospective Iranian nuclear attack. Iran is still pre-nuclear, but that limitation could disappear in the next year and make any residual security options less effective for Israel. Accordingly, Israel should base its military decisions regarding war with Iran upon the requirements of national survival, not on secondary bases of vengeance, political advantage or Jewish justice. Recalling Roman philosopher Cicero, “The safety of the People shall be the highest law.”
Prof. Louis René Beres was educated at Princeton (Ph.D., 1971) and is the author of many books and scholarly articles dealing with international law, nuclear strategy, nuclear war, and terrorism. In Israel, Prof. Beres was Chair of Project Daniel (PM Sharon). His 12th and latest book is Surviving Amid Chaos: Israel’s Nuclear Strategy (Rowman & Littlefield, 2016; 2nd ed., 2018).