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Notes -
The war is obviously more existential for Iran than it is for any of the aggressors. The destruction of the Iranian state is a plausible outcome, indeed it may be Netanyahu's goal. And a million excess deaths (mostly due to starvation and disease) is a reasonable estimate of the likely human cost of a failed state in Iran.
To be clear, Iran IS the aggressor -- certainly with respect to Israel. People seem to forget the facts that (1) for many years, Iran has been relentlessly attacking Israel by means of its proxies; (2) Iran's leadership has openly threatened to wipe Israel off the map; and (3) Iran's leadership has prioritized building a nuclear bomb.
I agree that at the moment, Iran has a lot more to lose than Israel or the United States. Probably Iran's leadership should have thought about that before engaging in its aggressive behavior.
Talking smack about an unfriendly country doesn't constitute waging war against them. Building nukes may justify a pre-emptive war as a matter of sound policy, but it doesn't as a matter of international law, and it certainly doesn't make you the aggressor if someone does wage a pre-emptive war against you - as a matter of ordinary English meanings of words, building nukes does not constitute aggression unless they are used.
You have a better case on point (1) - Iran is indeed supporting proxies which are attacking Israel (and indeed committing war crimes against Israeli civilians). But they are not an aggressor here - they skate on two technicalities.
I wasn't aware that you were using the word "aggressor" as a legal term of art. And assuming that the word is in fact such a term, I am extremely skeptical of your claim that proxy attacks do not count.
Please provide cites and links to support your claim. TIA.
Separately, since you have used the phrase "Palestinian Territories," can you please tell me (1) which land areas constitute "Palestinian Territories" (e.g. do they include Ramallah, Gaza City, Hebron, Jerusalem, Tel Aviv, etc.); and (2) how those areas came to be "Palestinian Territories"? TIA
It seems extraordinarily obvious that proxies do not count, based on common international practice. Russia isn't nuking NATO over Ukraine, and in Vietnam and Korea the US didn't nuke the USSR or China.
I believe this is just convenience, not because of some iron rule of civilization - if you are aiding one side (even with simply intelligence or war material) then you have violated the duty of neutrality. I'm sure you can marshal many counter-examples in international practice - for instance, Hitler cited US violations of neutrality in his speech declaring war on the United States.
Citing Hitler in international law precedent is kinda iffy, as the modern international order is essentially built on a repudiation of Hitler and Imperial Japan. The starting postulate of modern international law is: "Hitler was bad, don't be Hitler."
See my longer reply below to omw for more detail, but this is a long running position in the American approach to international law and morality, especially illustrated by the two World Wars. The Lusitania was attacked, and that was a national tragedy and an affront to American sovereignty, there's no question that Germany would not have been seen as justified if they attacked a gun works in Missouri. Pearl Harbor was a "day that will live in infamy," it was a bad thing that Japan did that, despite the United States taking explicitly anti-Japanese policy positions in the Pacific prior Pearl Harbor.
And this was due to a coordinated propaganda effort to get the United States into the war; Lusitania was carrying munitions which as I understand it made it a pretty uncontroversial target and the controversy had more to do with the fact that the Germans did not give the passengers the chance to get into lifeboats before sinking her.
Well yeah - it's always bad when you are attacked. Do you expect politicians to give a neutral account of their actions?
I would argue that your reply to omw is basically wrong - for instance, Laos was an ostensibly neutral country during the Vietnam War; the North Vietnamese used that neutral territory to move munitions (secretly, because it was supposedly neutral), and as a result the US bombed Laos (secretly, because it was supposedly neutral). As precedential evidence goes it supports the theory that states that violate their neutrality become fair game.
Similarly, if memory serves, MacArthur wanted to attack China during the Korean War, and, as I understand it, what stopped this was prudential judgments about expanding the war, not concerns about international law.
The reason proxy wars don't always degenerate to large armed conflict is because the relevant powers fighting the proxy war think the proxy war is a better way to engage in the contest than escalating to armed conflict, not because they cannot or "are not allowed."
I tend to agree with this. A blanket rule that a proxy attack somehow "doesn't count" simply doesn't make sense.
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