The survival of the international legal order depends on the restraint of powerful states, according to speakers at a high-level seminar held at the Constitution Club of India on Monday. Titled "War, Law, and Legitimacy: A Legal Examination of the Use of Force Against Iran," the event was organised by Judicial Quest to examine the framework governing military action and civilian protection.
The panel featured Supreme Court Senior Advocate Sanjay Hegde, Prof. Srinivas Burra of South Asian University, senior journalist Qamar Agha, and Dr. Faridoddin Faridasr, Cultural Counsellor at the Iran Embassy. They were joined by Maj. Gen. Bishamber Dayal (Retd.) and Dr. Mohammad Hossein Ziyaeenia, Deputy to the Representative of Iran's Supreme Leader in India.
Legal Framework And Global Order
A concept note released at the event raised urgent questions regarding the legal framework for the use of force and the role of diplomacy. It expressed concern that military operations conducted during active negotiations risk undermining binding legal norms and the credibility of international relations. The seminar concluded with a formal resolution reflecting participants' concerns over the conduct of hostilities and the erosion of diplomatic standards.
Senior Advocate Sanjay Hegde argued that the current world order relies on large states maintaining an altruistic hegemony. "The Israel-US attack on Iran does not comply with Article 2(4) of the UN Charter or with the rules of International Humanitarian Law," he stated, adding that preemptive war is not permissible under international law.
Prof. Srinivas Burra observed that justifying the conflict by international standards is difficult. He noted that while Western powers have frequently violated Article 2(4), the international legal order remains a vital tool for smaller states to frame their narratives and demand accountability.
Civilian Impact And Regional Concerns
Dr Faridoddin Faridasr highlighted the human suffering and what he described as double standards in global politics. He pointed out that war began amidst peaceful talks, resulting in the deaths of children in Iran. He claimed efforts are being made to shift blame onto Iran to distract from other international controversies, noting that 498 schools had been targeted. He urged the world to abandon double standards and stand with justice.
Senior journalist Qamar Agha suggested the underlying objective of the conflict is to secure regional oil resources, comparing the situation to previous events in Venezuela. He argued that regional countries should resist allowing external powers to dictate their foreign policies.
Voices From The Field
During the session, Dr Mohammad Hossein Ziyaeenia shared videos from Minab School showing the impact of the conflict on students. He described the killing of Ayatollah Sayyid Ali Khamenei in his office as a cowardly act, stating he was killed while fasting and reciting the Quran alongside his family. He noted that the Supreme Leader's young grandchildren were among the first casualties, followed by an attack on the Shajare Tayyiba Girls' Elementary School, where more than 175 students were killed. He urged organisations such as the UN and UNESCO to uphold their charters regarding sovereignty and civilian protection.
Maj. Gen. Bishamber Dayal (Retd.) emphasised the necessity of dialogue, questioning if the global community is regressing to an era where territory is occupied by force. "War is no solution," he said, stating that assumptions regarding potential nuclear weapons or future attacks do not provide a legal basis for conflict.
The Role Of International Law
The deliberations touched upon the post-1945 legal order and the prohibition of acquiring territory by force. Speakers emphasised that international law, despite its flaws, remains essential for challenging aggression. The panel collectively called for strict adherence to the UN Charter, a rejection of speculative preemptive wars, and a prioritisation of diplomatic solutions over military escalation.
The discussion was moderated by Prof. Anumeha Mishra of Delhi University's Faculty of Law and anchored by Saira Mujtaba of All India Radio. The event was attended by a wide range of students, activists, and legal professionals, including Supreme Court Senior Advocate Anas Tanvir and scholars Hyder Zaabit and Mahdi Baqir. Convenor Advocate Ali Taher Abidi and Coordinator Syed Zaki Zaidi also shared their perspectives on the ongoing tensions in West Asia.
