SATISH SHARMA - not just Rotigraphy.: Urgent Appeal for Immediate Action to Prevent War on Iran and the Collapse of the International Legal Order

https://x.com/tayab_ali_/status/1935081186512224701

OPEN LETTER TO STATE OFFICIALS AND DIPLOMATS I HAVE WORKED WITH From Tayab Ali, International Lawyer, UK Subject: Urgent Appeal for Immediate Action to Prevent War on Iran and the Collapse of the International Legal Order To the esteemed leaders, officials, ministers, ambassadors, and legal advisers I have had the privilege and honour of meeting, advising, and working alongside over the past two years: I write in this manner as a matter of last resort. We are now entering the final hours in which lawful, coordinated state action may still prevent an unlawful war of aggression, one that will not only engulf the Middle East, but shake the foundations of the international system itself. The escalating threats by Israel to launch direct strikes on Iranian nuclear infrastructure, and the mounting evidence of tacit or active U.S. support, present the gravest possible threat to international peace and security. If allowed to proceed, these acts will constitute clear breaches of the UN Charter, customary international law, and international humanitarian law and will lead to unimaginable human suffering. We are not talking about hundreds or thousands. If this war begins, millions may die. This is a direct appeal to you, to act now, not later. Over the next 48 hours, I will be engaging in confidential briefings with state officials, legal advisers, and ambassadors on the specific legal steps that your governments can take immediately. Under Article 2(4) of the United Nations Charter, the use of force is prohibited unless authorised by the UN Security Council or exercised in lawful self-defence in response to an armed attack. Neither condition is met here. There is no imminent threat from Iran, no Security Council authorisation, and no lawful basis for pre-emptive strikes. International humanitarian law, including the Geneva Conventions, to which Israel, Iran and the United States are all parties, strictly prohibits the targeting of civilian infrastructure and any use of force that is disproportionate or indiscriminate. Iran’s nuclear facilities, many of which are under IAEA safeguards, are not lawful military targets. Attacking them would constitute a grave breach of international law, likely qualifying as a war crime. Although Israel, the United States, and Iran are not parties to the Rome Statute of the International Criminal Court, that does not place them outside the reach of the law: •The principles prohibiting aggression, war crimes, and attacks on civilians are part of customary international law, binding on all states regardless of treaty ratification. •The Geneva Conventions, universally ratified, impose legal obligations that remain fully in force during any armed conflict. •The ICC may still assert jurisdiction over crimes committed on the territory of States Parties (e.g. if military assets or support are deployed from Jordan, Cyprus, or any Rome Statute state), or over individuals from those states who facilitate the commission of international crimes. Immunity from the ICC’s jurisdiction does not mean impunity from international law. There will be legal consequences for those who violate these universal norms, whether today or in the years to come. There is no legal or factual basis for this escalation. As recently as 13 June 2025, the International Atomic Energy Agency (IAEA) stated that Iran is not diverting uranium enrichment toward weapons purposes. The U.S. Director of National Intelligence echoed this in its March 2025 threat assessment, confirming that Iran is not actively pursuing a nuclear weapons programme. It is imperative, therefore, to reject the framing of Israeli or U.S. aggression as “defensive.” These are not defensive acts, they are pretexts for illegal use of force dressed in the language of security. What is unfolding is not a war to prevent war. It is an assault on law itself. States must be bold now. There is no value in boldness after the catastrophe has unfolded. (Cont