Can Self-Defense Include First STRIKES?

Israel’s strategic preemptive strikes against Iranian nuclear facilities stand justified under international law as legitimate self-defense, even as critics question the timing and scale of the operations.

At a Glance

  • Israel’s preemptive military actions against Iran are legally justified under Article 51 of the UN Charter and the Caroline doctrine of self-defense
  • Iran has launched thousands of missiles at Israeli population centers and activated a third uranium enrichment site with 60% purity levels, approaching weapons-grade
  • Israeli intelligence reports confirm Iran possesses enough fissile material to construct a nuclear weapon within days
  • Israel’s precision strikes targeted senior IRGC leaders and nuclear infrastructure while minimizing civilian casualties
  • International law recognizes anticipatory self-defense when facing imminent existential threats

Legal Framework for Preemptive Action

Article 51 of the United Nations Charter provides the foundation for Israel’s preemptive military operations against Iranian threats. This crucial provision recognizes the inherent right of nations to engage in self-defense when facing armed attacks.

While some critics argue that self-defense requires an attack to have already occurred, this interpretation has become increasingly outdated in an era of advanced weapons systems and declared hostile intent. Iran and its proxies have already launched thousands of missiles directly at Israeli population centers in recent months, constituting armed attacks under Article 51’s framework.

Customary international law further strengthens Israel’s position through the Caroline doctrine, which establishes that preemptive self-defense must meet standards of necessity and proportionality. According to this principle, defensive actions must be calibrated to the specific threat at hand.

Israel’s recent operations against Iranian nuclear facilities demonstrate this disciplined approach, with precision strikes targeting military infrastructure while avoiding civilian population centers whenever possible.

Iran’s Escalating Nuclear Threat

Recent intelligence confirms the imminent nature of the Iranian threat. On June 12, 2025, the International Atomic Energy Agency (IAEA) formally declared Iran in violation of its nuclear safeguards obligations. This announcement followed the activation of Iran’s third uranium enrichment site, with enrichment levels reaching 60% purity—dangerously close to weapons-grade material. Security experts assess that Iran now possesses sufficient fissile material to construct a nuclear weapon and could assemble one within days, presenting an existential threat to Israel.

Iranian military strategy has expanded beyond rhetoric to direct action. Israeli intelligence reports indicate Iran’s comprehensive strategy includes not only missile and drone attacks but also efforts to destabilize neighboring regimes. In an unprecedented escalation, Iran has launched direct attacks against Israel twice in the past year. These actions firmly establish the continuous nature of Iranian aggression and validate Israel’s right to respond decisively to protect its citizens.

Proportional Response and Deterrence

Israel’s military operations have demonstrated remarkable restraint despite the severity of the threat. Strikes specifically targeted senior Islamic Revolutionary Guard Corps (IRGC) leaders and nuclear infrastructure with precision to minimize civilian casualties. As Professor Amos Shapira notes, legitimate self-defense must consider “the dimensions of the risk created by the adversary and the means reasonably necessary to repel, or remove, that risk.”

Far from being escalatory, Israel’s actions represent a stabilizing response to Iranian aggression. By establishing credible deterrence through measured military action, Israel upholds the principle of peace through strength. This approach serves not only Israel’s security interests but also contributes to regional stability by preventing the catastrophic consequences of a nuclear-armed Iran. The international community increasingly recognizes Iran as the primary driver of global terrorism and regional instability.

Beyond Physical Conflict: The Battle of Narratives

The conflict between Israel and Iran extends beyond military operations into the realm of competing narratives. Security analysts note that military power is increasingly measured not just by physical actions but by the narratives surrounding conflicts. Social media platforms have become modern battlefields where both nations wage campaigns to influence domestic and international opinion. Questions like “Who fired the first shot?” become central to establishing legitimacy for military operations.

The legal standard for anticipatory self-defense, as defined by Hans Kelsen, requires the response to be “instant, overwhelming, leaving no choice of means, and no moment for deliberation.” Given Iran’s advanced nuclear program, direct attacks on Israeli territory, and explicit threats of annihilation, Israel’s preemptive strikes satisfy these criteria. By acting decisively before Iran could deploy nuclear weapons, Israel has exercised its fundamental right to protect its citizens from an existential threat while adhering to international legal principles of necessity and proportionality.

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