International law and Israel's attack on Iran

The kinetic battlefield is only one part of this war. The other part, though it takes place in offices and courtrooms, is no less potentially deadly.

Before we get to the law, I’ll start with a brief personal update - we’re under fire in a way Israel has never really experienced. Some homes and buildings have gone up in fireballs - including in Tel Aviv and other major residential areas. Each ballistic missile barrage from Iran has been record breaking in its own way, Israelis have been injured and there are even fatalities.

- BUT -

Iran would have you believe it is successfully destroying Israel and it is absolutely not.

Yes, our sleep is constantly interrupted, it’s stressful, and we’re spending more time than ever in bomb shelters. However, most of us are staying safe and resilient. Our cities and infrastructure are for the most part just fine. And in between missile barrages, we do things like make dinner or do laundry, as if everything were normal. (That part is actually a bit surreal.)

I’ll give a more thorough situational update later, but for now I wanted to share a legal update, because that’s something you may not find anywhere else

Photo: An Iranian missile strikes Tel Aviv on June 13, 2025:  Tomer Neuberg/AP.

A widespread narrative is emerging that Israel’s strike on Iran’s nuclear facility violates international law. Such notables as the International Commission of Jurists (a body of international lawyers and judges), Saudi Arabia’s Crown Prince Mohammed bin Salman and of course Iran, Russia and China (speaking at the United Nations Security Council) are promoting this preposterous claim. They are, of course, incorrect.

Israel’s self-defense against Iran’s conventional and nuclear weapons programs is legally justified in two principle ways:

1. Article 51 of the United Nations Charter provides an inviolate right of self-defense against attack.

• Both through its proxies, and directly, Iran has, and continues to physically and military attack Israel: firing over 30,000 rockets and missiles (directly or through proxies) just in the 19 months since the massacre of October 7, 2023.

• These attacks included the largest ballistic missile barrage in the history of the world, which was fired by Iran against Israel on October 1, 2024, as well as thousands of rockets and missiles fired by Iranian proxies. Israelis are still held hostage in Gaza, where they are subjected to starvation, torture and rape at the hands of the Hamas terror organization, an Iranian proxy.

Israel‘s response is, therefore, an act of direct self-defense to these ongoing attacks under Article 51.

2. Even if Iran were not already engaged in ongoing attacks, the “Caroline doctrine” of international law allows for anticipatory (also sometimes called “preemptive”) self-defense when the necessity is “instant, overwhelming, and leaving no choice of means, and no moment for deliberation.”

In this case, Iran:

• was on the verge of developing offensive nuclear weapons;

• had officially violated the NPT (the Nuclear Non-Proliferation Treaty) as declared by the UN’s International Atomic Energy Agency just hours before Israel’s action; and

• for years has openly and proudly stated its intention to entirely annihilate Israel.

Israel’s defensive response is therefore both accepted and customary under Article 51 of the UN Charter as well as the Caroline Doctrine on the international law of anticipatory self defense.

The kinetic battlefield is only one part of this war. We are coordinating with the relevant Israeli ministries to make sure they have the legal tools to face the firestorm of “off the battlefield” attacks that are already coming Israel’s way, and are about to increase. We are also in touch with relevant foreign governments to ensure that Israel retains the support that it needs at this critical time.