Wednesday, June 18, 2025

The Role of International Law in Addressing the Ongoing Iran-Israel Conflict and Indonesia's Position

The Role of International Law in Addressing the Ongoing Iran-Israel Conflict and Indonesia's Position In recent days, we have been shocked by a series of precision missile attacks targeting Iran's nuclear development centers. These attacks, carried out by Israel without prior warning, occurred in the midst of negotiations on a nuclear non-proliferation agreement between Iran and the United States. Many parties have condemned Israel's reckless actions and suspect that Iran will inevitably retaliate. Indeed, within days, Iran responded by launching several missiles, which appear to be older-generation long-range projectiles. In this case, Israel’s missile defense systems proved ineffective against Iran’s long-range capabilities. Traveling over 1,000 kilometers, the Iranian missiles penetrated without hindrance, devastating Israel’s cities and skyscrapers. This raised serious public concern and speculation—will Israel retaliate, and if so, how will Iran respond? The range of possibilities is vast, and thus, as a sovereign nation, Indonesia must also respond appropriately. The following are several approaches Indonesia may take: 1. Prohibition on the Use of Force & the Principle of Sovereignty International law, particularly the United Nations Charter (Article 2(4)), prohibits the use of force against the territorial integrity and political independence of any state. Israel's strike on Iranian military and nuclear facilities is highly questionable in terms of legality, as it was not based on an actual armed attack or imminent threat. Therefore, it may constitute a violation of international law. 2. Limited Right to Self-Defense Article 51 of the UN Charter recognizes the right to self-defense only in response to an actual armed attack. Israel’s claim of a preemptive strike in anticipation of Iran's nuclear program is not considered to meet this threshold. Legal experts such as Marko Milanović and institutions like the International Commission of Jurists categorize such actions as a “crime of aggression.” 3. International Humanitarian Law & Civilian Protection Targeting civilian infrastructure—including nuclear facilities, consulates, hospitals, and residential areas—is deeply concerning and may qualify as a breach of the Geneva Conventions, particularly regarding the principles of military proportionality and distinction. 4. The Role of the UN Security Council and IAEA The International Atomic Energy Agency (IAEA) has condemned the attacks on Iran’s nuclear facilities, warning of radiological risks and violations of international law. The UN Security Council holds the authority to respond via resolutions; however, concrete action and coordinated global response remain lacking. 5. Global Diplomatic Response Numerous countries—including Russia, China, the EU, Australia, Malaysia, and Indonesia—have opposed preemptive military actions and called for diplomatic solutions and the upholding of international legal norms.
Conclusion Key Issue Role of International Law Use of force without actual attack Prohibited under the UN Charter; may amount to a crime of aggression. Preemptive self-defense Not recognized unless backed by clear, extreme, and imminent threats. Civilian protection Governed by the Geneva Conventions; requires proportionality and caution. Nuclear oversight IAEA plays a monitoring role and has condemned attacks on nuclear sites. Multilateral diplomacy Strongly emphasized by the global community; UNSC yet to take firm action. In short, international law provides a clear framework to limit the use of force and ensure accountability for violations. However, implementation continues to be hindered by geopolitical interests, power imbalances, and the ineffective role of the Security Council. What Role Has Indonesia Played in This Conflict? Indonesia has taken on an active diplomatic role in response to the Iran-Israel conflict, emphasizing de-escalation, legal norms, and humanitarian support. Based on several reports and official statements, Indonesia’s role can be observed through the following actions: 1. Strong Condemnation & Advocacy for Restraint The Ministry of Foreign Affairs of the Republic of Indonesia has consistently condemned Israel’s attacks on Iran, citing them as violations of international law and Iranian sovereignty (as referenced from sources such as en.wikipedia.org). Indonesia continues to urge all parties to exercise restraint and avoid further escalation. 2. Proactive Diplomacy to Reduce Tensions Foreign Minister Retno Marsudi and President Jokowi (as well as President Prabowo through his appointed officials) have reached out to key regional and global players—including Iran, the U.S., Saudi Arabia, Jordan, and the European Union—encouraging de-escalation and dialogue. The Indonesian government has also intensified monitoring efforts via its embassies and call centers for Indonesian nationals in affected areas. 3. Upholding International Law & Two-State Solution Indonesia emphasizes the importance of upholding the UN Charter and principles of sovereignty. It also supports the two-state solution (Israel and Palestine) as a long-term path to regional peace and stability. 4. Participation in International Forums Indonesia has urged the UN Security Council to take decisive action to curb the conflict and halt unilateral military escalation. Moreover, Indonesia has continued to express its legal stance in international forums regarding Israel’s violations of international law. 5. Addressing Global Impacts The government is preparing mitigation measures against potential global economic impacts, such as fluctuations in oil prices and rising logistics costs. Furthermore, Indonesia is committed to protecting its citizens through active monitoring and evacuation preparedness where necessary. Summary of Indonesia's Role in the Iran–Israel Conflict Area of Action Explanation Active diplomacy Direct engagement with international leaders; urging de-escalation. Legal advocacy Firm rejection of aggression; calls for UN Security Council intervention. Support for two-state plan Advocates a free Palestine as part of a long-term peace solution. Citizen protection Ensuring the safety of Indonesians abroad; preparing economic safeguards. Overall, Indonesia serves as a diplomatic mediator, advocate of international law, and protector of its nationals, while emphasizing the importance of a just and peaceful resolution through global dialogue and legal frameworks. Hopefully, this article proves useful and can serve as a reference for future writings on similar topics. Menara Kuningan, 19 Juni 2025 Usman Arifin M, SH, MH

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