Examining the International Legal Dimensions of the Assassination of Lieutenant General Qasem Soleimani

Abstract

The present study aims to examine the international legal dimensions of the assassination of Lieutenant General Qasem Soleimani. The research method is descriptive-analytical and is based on library sources. The action taken by the United States in this case has been regarded in the official positions of the Iraqi government as a “violation of the principle of the prohibition of the use of force, the principle of sovereign equality of states, and the territorial integrity of that country.” According to the agreement under which the United States was required to coordinate all its military actions on Iraqi soil with the central government, the U.S., contrary to this obligation, carried out a military attack on the positions and movement routes of Iraq’s official military force (Popular Mobilization Forces), thereby violating the national sovereignty and security of that country in addition to breaching the joint security agreement through the use of force. Accordingly, U.S. attacks against the Popular Mobilization Forces—recognized as a fully official military force in Iraq and operating under the command of the Commander-in-Chief of the Iraqi Armed Forces—constitute not only a clear violation of the aforementioned security agreement but also a breach of the principle of non-use of force as a peremptory norm of international law. On this basis, the attack on members of the Islamic Revolutionary Guard Corps by the United States, under the pretext of combating terrorism, cannot be considered a legitimate objective; rather, the issue of the illegality of the Trump administration’s action under its own domestic law is also raised. Therefore, the action of U.S. forces in targeting military commanders of Iran and Iraq on Iraqi territory constitutes, first and foremost, a violation of the principle of respect for the national sovereignty of Iraq and Iran. Consequently, a breach of the principles of non-intervention and non-use of force collectively indicates a clear violation of peremptory norms of international law.                                                                                   

Keywords: Assassination of Lieutenant General Qasem Soleimani, Counterterrorism, Principle of Respect for National Sovereignty