The recent attacks by Israel on Iran using an unlawful notion of pre-emptive self-defence to justify military action against Iran has placed our world in grave peril, bringing us alarmingly close to a wider, systemic conflict.
This use of force, violating the fundamental principles of territorial sovereignty and political independence enshrined in article 2(4) of the UN Charter, moves us beyond a bilateral dispute.
It starkly reveals the profound dangers inherent in stretching the interpretation of the inherent right to self-defence beyond its established boundaries, creating a frightening precedent where any state is allowed to resort to acts of overt aggression in anticipation of possible future threats.
This would open the door to a war of all against all, a situation predating the international legal system.
The text of the charter is clear: article 51 permits self-defence only “if an armed attack occurs”. While the ongoing conflict may lead us to view Iran’s response as legally justifiable under the charter, we must urgently appeal for wisdom.
Even actions perceived as lawful responses carry immense responsibility. International humanitarian law is not optional. It demands the absolute protection of civilians and civilian infrastructure, even – indeed especially – in the heat of conflict. There are no exceptions to this sacred duty.
South Africa has adopted an anti-war stance. This is because we know too well that war offers no victors, only victims. There is always a better way to resolve international disputes than war, which has been widely recognised as creating more instability in a complex global system than contributing to peace.
Innocent civilians, families and communities bear the unbearable cost of war, whose repercussions cannot be fully anticipated. It is for this reason, grounded in our shared humanity and the urgent need to prevent further suffering, that we call unequivocally for an immediate ceasefire.
We must silence the guns. And we must return, without delay, to the path of dialogue, particularly concerning the critical issue of nuclear non-proliferation and disarmament.
This is not merely pragmatic. It is the only path that honours our collective responsibility to protect human life and preserve our common sustainable future.
Unfortunately we have seen a dramatic resurgence of the security dilemma, with an increased arms build-up and a resort to militaristic means in anticipation of perceived threats, ignoring diplomatic paths to sustained peace and prosperity for all.
In seeking enduring peace, we must turn to the frameworks designed to prevent such crises. The UN Charter, which all UN member states have signed, must be respected.
The Treaty on the Non-Proliferation of Nuclear Weapons, which establishes vital mechanisms for accountability and transparency among nations, must be respected and all countries should become party to the treaty.
These mechanisms exist precisely to avert catastrophe for when nuclear facilities become targets, and humanity stands on the brink of irreversible suffering.
Iran has committed itself to these obligations by being part of the treaty. We must equally expect all states, especially possessors of nuclear capabilities such as Israel, to embrace the same transparency and accountability.
Only through universal adherence to these norms can we build mutual trust and accountability. True global security stems from trust built through verification, not from arms hidden in ambiguity.
We must also prioritise the return to agreements such as the Joint Comprehensive Plan of Action agreed to in 2015, which was a landmark achievement in terms of nuclear non-proliferation objectives and ensuring that we do not break agreements that required concerted and tireless diplomatic efforts to achieve.
Deeply troubling is how this dangerous exchange between Israel and Iran has diverted the world’s attention from the intensifying humanitarian catastrophe in Gaza and the West Bank.
Israel’s actions in the Occupied Palestinian Territories, including the withholding of vital humanitarian aid and attacks impacting Palestinian civilians, demand urgent and unwavering focus and action.
Before the attack on Iran, significant international pressure was building, including sanctions on Israeli officials and a politically significant General Assembly condemnation and a call for an urgent ceasefire. These vital efforts to hold Israel accountable for breaches of international law, and to address the profound suffering in the Occupied Palestinian Territories, have been dangerously sidelined. This diversion has made Palestinians even more vulnerable.
The postponed French-Saudi Arabian conference on Palestinian rights at the United Nations, which would have at a minimum created momentum for broader recognition of Palestinian statehood, and the tragic killing of an Iranian nuclear negotiator, are stark reminders of the broader damage wrought by this conflict.
The international community must now act decisively by demanding accountability for breaches of international law through established global legal frameworks.
The United Nations Security Council must address Israel’s unlawful attack on Iran; the binding provisional measures ordered by the International Court of Justice concerning Gaza must be implemented immediately and enforced; and the International Criminal Court must be allowed to pursue its vital work independently and impartially.
Resorting to the institutions of global governance, imperfect as they may be, is infinitely wiser than descending into the abyss of war. Moreover, the prevailing need to reform the 80-year-old United Nations structure, which was designed at the height of colonialism, has never been so stark.
A pattern of disregarding the establishment of international law and multilateralism as a means to protect all states, in particular those most vulnerable to aggression over decades, has made our world less secure.
This moment must mark a turning point. Instead of being drawn into cycles of violence sparked by unlawful acts, the global community must reaffirm its commitment to the primacy of international law and the multilateral system. We must demand equal accountability for all, without fear or favour.
To do otherwise, to allow impunity to fester, is to invite a catastrophic erosion of the very system designed to prevent global conflict. Distrust will breed paralysis, and the law of the jungle will prevail with devastating consequences for generations to come.
This 80th year of the United Nations requires us to choose reform and renewal over resignation. The cyclical, shortsighted violence we are experiencing should mandate strengthening our institutions to break the pernicious pattern of impunity.
We can build a world where justice, dialogue and the peaceful resolution of disputes are the unwavering foundations of our common security and shared humanity.
We must recognise that the path of peace is the only path forward. DM
