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A Critical View towards U.S. Claim of Preemptive Self-Defense in the Assassination of General Qasem Soleimani

Publish Year: 1402
Type: Journal paper
Language: English
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JR_IJICL-1-1_008

Index date: 6 August 2023

A Critical View towards U.S. Claim of Preemptive Self-Defense in the Assassination of General Qasem Soleimani abstract

The reason claimed by the Government of the United States (hereinafter the US) for the assassination of General Qasem Soleimani (General Soleimani) was to prevent imminent attacks. This allegation implicitly evokes the Doctrine of "Preemptive Self-Defense". This article evaluates the US claim in the attack of General Soleimani as a preemptive self-defense through a critical analysis. The US resort to the doctrine of preemptive self-defense for the assassination lacks legal validity and is especially contrary to the provisions of the UN Charter, particularly Article (51). This assassination can be considered the illegal use of force by the US. According to the principle of prohibition on the use of force in international law practice, any premeditated attack before the beginning of armed aggression is not considered self-defense. Moreover, the US evidence in proving an imminent strike from General Soleimani is inadequate and unjustifying.

A Critical View towards U.S. Claim of Preemptive Self-Defense in the Assassination of General Qasem Soleimani Keywords:

A Critical View towards U.S. Claim of Preemptive Self-Defense in the Assassination of General Qasem Soleimani authors

Mohammad Khorshidi Athar

Criminal Law Researcher

Seyed Hesamadin Lesani

Associate Professor, International Law, Hazrat-e Masoumeh University, Qom, Iran