The Sovereignty Paradox
In the corridors of the United Nations Human Rights Council this week, a diplomatic note from Gulf Cooperation Council (GCC) states described ballistic missile and drone attacks on Bahrain, Jordan, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates as a "situation of serious concern for international peace and security." The note characterized these strikes as "unprovoked attacks" requiring urgent international attention, calling for reparations for civilian, infrastructure, and environmental damage.Beneath this unified diplomatic appeal lies a complex legal and strategic reality that most international actors have been reluctant to articulate plainly: the attacks on Gulf territories are occurring within the context of a broader military campaign against Iran that numerous legal scholars and a small number of Western governments—including Spain—have characterized as inconsistent with international law.
The Legal Framework: Sovereignty, Retaliation, and Contradiction
Under the United Nations Charter, Article 2(4) prohibits the threat or use of force against the territorial integrity or political independence of any state. Article 51 recognizes the inherent right of self-defense if an armed attack occurs. These principles form the bedrock of the post-1945 international legal order.
When Iran launched strikes targeting military and energy infrastructure in Gulf states hosting U.S. forces, Tehran framed these actions not as aggression against sovereign neighbors, but as targeted responses to facilities being used to conduct what it characterizes as an illegal armed campaign against Iranian territory. In a letter to the UN Secretary-General cited by Iranian state media, Iran's UN ambassador Amir Saeid Iravani stated that the UAE's decision to allow its territory to be used in attacks on Iran amounted to "an internationally wrongful act that entailed state responsibility."
This legal argument presents a challenge for states seeking to condemn Iranian actions while remaining silent on the initial use of force against Iran. As one principle of international law holds: a state cannot claim for itself rights it denies to others. If the use of another state's territory to launch attacks violates sovereignty, then the same standard must apply consistently.
Oman's Distinctive Diplomatic Position
Amid regional consensus, Oman has maintained a notably different diplomatic posture. Foreign Minister Badr Albusaidi, writing in The Economist, argued that the United States has "effectively lost control of its own foreign policy" by allowing itself to be drawn into what he termed an "unwanted entanglement" with Iran.Albusaidi described Iranian strikes on Gulf states hosting U.S. bases as "inevitable, if deeply regrettable," calling them "probably the only rational option available" in response to a war "designed to terminate" Iran. His analysis underscores a reality that complicates simple narratives of aggression: military infrastructure hosted on sovereign territory does not exist in a legal vacuum. When that infrastructure is used to project force against a neighboring state, the hosting state becomes, in the eyes of international law and strategic calculation, a participant in the conflict.
Targeting the Architecture of War: Radar Sites and Military Infrastructure
An analysis by ABC News of satellite imagery and verified footage indicates that Iranian drones and missiles have struck at least 10 radar sites used by the U.S. and its allies across West Asia since the conflict escalated. These include facilities at Prince Sultan Air Base in Saudi Arabia, sites in the UAE, Muwaffaq Salti Air Base in Jordan, Camp Arifjan in Kuwait, Al Udeid Air Base in Qatar, and the U.S. Fifth Fleet headquarters in Bahrain.
Experts note that radar systems are both vital and vulnerable: their emissions make them detectable, and even partial damage can degrade detection capabilities, effectively "blinding" segments of missile defense networks. The targeting of these assets reflects a strategic calculation: disrupting the early-warning architecture that enables offensive operations.
From a legal perspective, the distinction between "military" and "civilian" infrastructure becomes critical. International humanitarian law requires parties to distinguish between military objectives and civilian objects. However, when military assets are embedded within or adjacent to civilian infrastructure—as is often the case with radar installations near population centers—the legal and humanitarian consequences multiply.
International Responses: A Spectrum of Legal Interpretation
While Gulf states have sought emergency UN debate over Iranian strikes, the international response has revealed significant divergence in legal interpretation.
Spanish Prime Minister Pedro Sánchez has been among the clearest Western voices, stating ahead of a recent EU summit that the war on Iran is "illegal," has "no reason behind it," and is causing significant harm to civilians, refugees, and economies. Sánchez linked the conflict to wider Middle East tensions, emphasizing that the EU must send a clear message supporting multilateralism and international law.China's Foreign Ministry stated it is "always opposed to the use of force in international relations" and expressed shock at remarks by Israeli officials regarding targeting Iranian leadership. The UN Secretary-General has called on all parties to end a conflict "that is risking to get completely out of control, causing immense suffering on civilians."
EU foreign policy chief Kaja Kallas emphasized that "member states do not have an appetite to go to this war" and that "we need an exit from this war, not escalation." These statements reflect a growing recognition that military escalation carries profound humanitarian and economic risks without clear strategic resolution.
Economic Dimensions: Hormuz, Sanctions, and Energy Security
The conflict's economic stakes are substantial. Iran is reportedly weighing legislation to impose transit fees on ships moving through the Strait of Hormuz, through which approximately 20% of global oil trade passes. An advisor to Iran's supreme leader suggested that "a new regime for the Strait of Hormuz" could enable Tehran to enforce maritime limits on countries that have imposed sanctions.
Meanwhile, U.S. Treasury Secretary Scott Bessent indicated that the United States "may unsanction the Iranian oil that's on the water"—approximately 140 million barrels—to manage global energy prices. This potential policy shift underscores how economic instruments are being recalibrated in response to military realities.
Strikes on key gas fields have sparked fears of broader energy market disruption. With three of the world's top gas producers facing sustained attacks, analysts warn of risks that could reshape global energy supply chains.
The Narrative Imperative: Consistency and Credibility in International Discourse
The central diplomatic challenge emerging from this crisis is not merely military but narrative. States that condemn attacks on their sovereignty while facilitating military operations against others from their territory face a credibility gap that undermines their diplomatic standing.
International law does not permit selective application. If sovereignty is inviolable, it must be inviolable for all. If the use of force requires justification under Article 51, that justification must meet the same threshold regardless of the actor. When states house radar stations, military bases, and allow airspace to be used for operations against a neighbor, they cannot credibly claim non-participation in the resulting conflict.
This is not a matter of assigning blame but of upholding the consistency that gives international law its authority. As legal scholars have noted, the prohibition on the use of force is a jus cogens norm—a peremptory principle from which no derogation is permitted. Its application cannot be contingent on political alignment.
Pathways Forward
Oman's Foreign Minister suggested that while diplomacy may be "certainly difficult" after repeated shifts from negotiations to military action, "the path away from war … may have to lie through precisely this resumption." This perspective acknowledges that sustainable resolution requires addressing root causes, not merely managing symptoms.
For Gulf states, the immediate challenge is balancing legitimate security concerns with the long-term strategic imperative of regional stability. For the international community, the test is whether principles of international law can be applied consistently, even when politically inconvenient.
The current crisis underscores a fundamental truth of international relations: narratives matter. Credibility is earned not through selective condemnation but through principled consistency. In a region where historical grievances and strategic competition intersect, the only durable foundation for peace is a shared commitment to the rules that were designed to prevent exactly this kind of escalation.
As the UN chief warned, this conflict risks getting "completely out of control." Preventing that outcome requires more than emergency debates or targeted sanctions. It requires the courage to state obvious truths: that sovereignty is indivisible, that international law applies to all, and that lasting security cannot be built on the selective application of principles that were meant to protect everyone.
No comments:
Write comments