Legalitas Penggunaan Kekuatan Bersenjata Amerika Serikat dan Israel terhadap Iran dalam Perspektif Hukum Internasional: Analisis Jus Ad Bellum, Hak Bela Diri dan Hukum Humaniter Internasional

Abstract

The use of armed force by the United States and Israel against the Islamic Republic of Iran raises fundamental questions under international law, particularly concerning the boundaries between the prohibition of the use of force and the right of self-defence. The issue has become increasingly complex as the United States has invoked its inherent right of self-defence under Article 51 of the Charter of the United Nations, while Iran considers such actions to constitute violations of its sovereignty and territorial integrity. This study aims to analyze the legality of the use of armed force against Iran from the perspectives of jus ad bellum and jus in bello. This research employs a normative juridical method using statutory, case, conceptual, and historical approaches. The primary legal materials consist of the Charter of the United Nations, the 1949 Geneva Conventions, Additional Protocol I of 1977, the 1998 Rome Statute, and judgments of the International Court of Justice, particularly Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America) and Oil Platforms (Islamic Republic of Iran v. United States of America). The study finds that the use of force against Iran must, in principle, be examined under Article 2(4) of the UN Charter, which establishes the prohibition of the use of force against other states. The invocation of self-defence under Article 51 does not automatically render the use of force lawful, as the existence of an armed attack and the requirements of necessity and proportionality must be established. Furthermore, even where the use of force may be justified under jus ad bellum, the conduct of military operations remains subject to international humanitarian law, particularly the principles of distinction, proportionality, and precautions in attack. This study concludes that the legality of the conflict must be assessed at two distinct levels: the legality of resorting to force and the legality of the manner in which force is conducted.