THE ASSASSINATION OF GENERAL QASEM SOLEIMANI JUSTIFIED?
The assassination of General Qasem Soleimani by American government on 3rd January, 2020 came as great shock to Iran and indeed other nations of the world. America alleged amongst several allegations that they have presented and new ones which will come up in the future that the late general was involved in terrorist activities which led to the death of several Americans and American troops and the General was in fact in the process of attacking and killing more Americans. It was even said that the aids which America graciously provided Iran was used to sponsor terrorist activities. To say the least several conspiracy theories are being generated about this issue and the world is watching hoping that the parties concerned tow the path of peace as much as possible
This write up is not to take sides with either America or Iran rather it is to look at the legal issues arising from the assassination of General Soleimani and if America is justified in assassinating him.
America is a country which pride itself in democracy, rule of law, following due process and has even proclaimed itself to be the police of the world insisting by every means possible that nations of the world embrace democracy which arguably is the best mode of governance. America and Iran are members of the United Nations and America is a permanent member of the Security Council alongside four other nations. The purpose of the United Nations as seen in its preamble is to maintain peace in the world and avoid the devastating effects of war experienced in times past.
Article 2(4) of the United Nations Charter provides as follows:
All members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the United Nations.
Iran is no doubt an independent and a sovereign nation and the assassination of the Iranian General is an affront to the territorial integrity of Iran however, America clearly asserted that the assassinated general was involved in terrorist activities
The United Nations Charter provides for how conflicts between nations are to be resolved in such a way as to maintain peace as much as possible and America being a ‘special member’ of the U.N could have easily towed the path of peace and would have avoided the assassination of the General and the attendant tension that has bedevilled both parties after the assassination.
Another way of looking at it is that America was apprehensive and had reason to believe that its citizens in Iran were in grave danger and to avert this impending danger, assassinated the general; that they acted in self defence. However with the attendant actions and reactions on both sides one is left to wonder if the assassination of the General really averted any danger or if it just served as a trigger for threats and more threats.
The world is hopeful that America and Iran somehow settle their differences and ensue peace.