On the Limits of Legalism Against Empire

By Ibrahim Can Eraslan


It is well known that imperialism has long maintained an aggressive stance toward Iran. This includes periodic attacks on Iranian territories, the assassination of personnel, economic sanctions, and even the use of propaganda tools aimed at regime change. The reasons behind these actions by imperialist powers are beyond the scope of this article, but it is evident that the ultimate target is China. On the other hand, Iran also holds significant importance for Russia. The Caucasus region, after all, is crucial to Russia’s security interests.

In order to achieve all these objectives, imperialism carries out its dirty work through Israel — as even German Chancellor Merz has stated — and the West responds to this with so-called “respect.”[1] Israel is able to carry out these actions in front of the entire world. All of this is framed by the West as a kind of civilizational war against Arabs or Muslims, with Israel cast as the protagonist.

What makes this possible is, of course, the fact that Israel is not merely a nation-state acting on its own. It is an indispensable tool of imperialism in the region. Moreover, the global reach of Zionist media propaganda and the immense financial support it receives from the West (which Trump himself actually criticized during his election campaign) provide Israel both the courage and the means to construct its own narrative.

In other words, Israel is acting with a specific mission. It serves as a battering ram for Western imperialism in the region, aiming at the destruction of anti-imperialist forces and the redrawing of borders. In this context, the increasingly aggressive stance toward Pakistan also gains significance, and it is meaningful to highlight the close ties between India and Israel. After all, without such a comprehensive campaign, halting China's economic rise becomes an extremely difficult scenario for Western imperialists. The elimination of anti-imperialist forces in the region simultaneously opens up new centers of exploitation for the West. This is why the targeting of China and Israel's role as the battering ram gains strategic importance for imperialism.

Thus, Israel’s assignment here goes beyond the ontological foundations of the Zionist narrative. Israel’s history —and its deep entanglement with imperialist powers — reveals that the matter at hand is not one of religion or culture, but fundamentally a class struggle. Accordingly, the stance of international legal mechanisms toward Israel should also be interpreted through the lens of class struggle, and the hypocrisy of international law must be understood in this context as well.

In its recent conflicts with Iran, it is clear that Israel is the aggressor. From the perspective of international law, this is not a disputable claim. Moreover, within the last six months, Israel has launched attacks on Palestine, Yemen, Lebanon, and Syria — and in three of these cases, it continues to maintain a de facto occupation. What is being done in Gaza and the West Bank is evident to all.

So then, why do the United Nations and its conventions not apply equally to all states? Why is there discrimination?

Undoubtedly, the concept of “humanity” as referred to in United Nations rhetoric is a costly one. In a world dominated by capitalism, this means that, whether under the label of “humanitarian intervention/aid” or “the fight against international terrorism,” imperialism can intervene in any conflict, rebellion, or — as in the case of Iran — against an official government, using any method it chooses. Or, as recalled from the Iraq invasion, it’s not merely about seeking authorization from the UN, but about CIA agents obtaining “diplomatic or other official identities”.[2]

Of course, the principles laid out in various international legal texts regarding human rights or the use of force by states may initially create a positive impression for many. However, as I mentioned above, these are concepts lacking in substance and are costly within the capitalist system. The universalization of these costly concepts is problematic precisely because of their Western origin. In capitalism, if you invest in something, you expect to profit from it. Therefore, investment in “humanity” is only measured in terms of its profitability. In this sense, a set of principles that emerged in a particular historical context and in response to specific social developments — and that bear the cultural and political imprint of that environment — being declared valid for all humanity is ethically questionable from many angles.

Imperialism reveals itself even within the principles of international law, as international law is fundamentally shaped by the logic of unipolarity.

From this, it can be said that Israel and the unipolar essence of international law are mutually compatible. It follows logically that international law would not punish a “child” born from its own core — or if it does, the punishment would still serve to protect that same core.

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However, a core issue here is that Israel’s actions cannot be justified even within the narrative of capitalist legality. Israel’s defense relies on the doctrine of “preemptive self-defense,” or in other words, “preventive attack.” To understand what these terms mean, one must examine Article 51 of the United Nations Charter, which regulates the right to self-defense. Article 51 is the exception to the prohibition on the use of force as established in Article 2(4) of the UN Charter.

So, what is preemptive self-defense?

In short, preemptive self-defense is an expanded interpretation of the traditional right to self-defense. Let us take a look at Article 51 of the Charter:

“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.”[3]

It can thus be seen that this right is not one that entirely sidelines the United Nations or turns warfare into a fundamental exception to general international legal norms. Rather, it is a provision intended to address potential defense gaps in situations where the UN is unable to intervene immediately.

Of course, the use of force in self-defense is a legitimate right. However, as the term “self-defense” itself implies, this right must first be triggered — it must be born out of a concrete threat. The primary condition for the emergence of this right is that an armed attack must be directed against the state. In other words, Israel cannot invoke the right of self-defense based on a mere suspicion of nuclear weapons and the hysteria that “Iran might use them” — especially when the only nuclear arsenal in the region belongs to them.

It is also important to emphasize that Iran is a party to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), whereas Israel is not. Israel is estimated to possess between 80 and 200 nuclear warheads.[4] If there is no attack to be defended against, then there is also nothing to defend, meaning that in such circumstances, “preemptive self-defense” does not fall within the scope of Article 51.

Of course, since the term “armed attack” does not have a universally accepted definition, this issue remains open to debate. However, the relevant provision in the UN General Assembly’s Resolution A/3314 of 14 December 1974, titled “Definition of Aggression”, is as follows:

“Aggression is the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the Charter of the United Nations, as set out in this Definition.’’[5]

Therefore, as can be seen, this is not a general right but an exceptional one. Iran is also not acting in violation of the relevant regulations and resolutions. In other words, this exceptional right does not grant states the authority to strike others simply because of hostile relations; it is merely a provision designed to address a potential gap in defense.

One might argue, as part of Israel’s defense, that Iran supports terrorist attacks against Israel. However, in this regard, the Nicaragua Case offers a clarifying precedent. In its judgment, the International Court of Justice ruled that a state’s support for armed groups operating in another state does not amount to an armed attack and therefore is not equivalent to one.

“The Court has already indicated (paragraph 238) its conclusion that the conduct of the United States towards Nicaragua cannot be justified by the right of collective self defence in response to an alleged armed attack on one or other of Nicaragua's neighbours. So far as regards the allegations of supply of arms by Nicaragua to the armed opposition in El Salvador, the Court has indicated that while the concept of an armed attack includes the despatch by one State of armed bands into the territory of another State, the supply of arms and other support to such bands cannot be equated with armed attack.’’[6]

It is clear that this situation has not been considered equivalent to an armed attack. In fact, it would be more appropriate for Iran — rather than Israel — to invoke such a defense.

Therefore, putting aside the vast ocean of doctrinal debates and legal terminology, the truth is that imperialist powers are able to cast aside the very laws they wrote, the international legal principles and norms they themselves defined, whenever it suits them. This same defense once appeared in the form of the Bush Doctrine, and we all know the consequences. In short, the concept of preemptive self-defense can be described as a notion fabricated by imperialism to override its own legal order.

The concept is better understood not by looking at processes through the lens of law, but by looking at the law through the lens of political processes. For example, Trump once threatened to intervene in the Democratic People’s Republic of Korea (DPRK) under the pretext of preemptive self-defense.[7] But perhaps, unlike Iran, maybe the reason such an intervention was never carried out against DPRK is that DPRK actually possess nuclear weapons…

Finally, what I want to emphasize is this: attempting to challenge imperialism through existing legal norms is a well-intentioned effort, but believing that international legal mechanisms can take real and concrete steps against imperialism is, frankly, naïve. What South Africa has done should be applauded by all of humanity, and such examples must be multiplied. Only then can international law shed its one-sided character and begin to embody a multipolar structure — and once again, in today’s conditions, international law can only gain real applicability through a stance taken against imperialism.

 

Notes

[1]  Germany's Merz says Israel doing 'dirty work for us' in Iran – DW – 06/18/2025

[2] https://archive.nytimes.com/www.nytimes.com/library/world/global/022399ritter-book.html

[3] https://legal.un.org/repertory/art51.shtml

[4] https://www.timesofisrael.com/in-leaked-emails-colin-powell-says-israel-has-200-nukes/

[5] A/RES/29/3314 - Definition of Aggression - UN Documents: Gathering a body of global agreements

[6] Nicaragua v. United States of America, ICJ Decision of 27 June 1986 p.12

[7] https://www.aljazeera.com/news/2017/9/19/trump-threatens-to-destroy-north-korea-if-necessary