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Digest of State Practice: 1 January–30 June 2021
Patrick M. Butchard & Jasmin Johurun Nessa
To cite this article: Patrick M. Butchard & Jasmin Johurun Nessa (2021) Digest of State Practice:
1 January–30 June 2021, Journal on the Use of Force and International Law, 8:2, 343-398, DOI:
10.1080/20531702.2021.2006485
To link to this article: https://doi.org/10.1080/20531702.2021.2006485
© 2021 The Author(s). Published by Informa
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Digest of State Practice: 1 January30 June 2021
*
Patrick M. Butchard
a
and Jasmin Johurun Nessa
b
a
International Justice and Human Rights Research Unit, Edge Hill University, Ormskirk, UK;
b
School of Law and Social Justice, University of Liverpool, Liverpool, UK
ARTICLE HISTORY Received 10 November 2021; Accepted
Regional Coordinators
-Europe: Ralph Janik
-Sub-Saharan Africa: Michael J Pollard and Kyle Rapp
-Middle East and North Africa: Sina Etezazian, Hoshman Ismail, and
Danielle Reeder
-Asia Pacic: Imdad Ullah, Rajarshi Roy, and Ruth Enowicz
-Americas: Francisco Lobo and Felipe Rodríguez Silvestre
-Non-Regional Issues: Arjun Sahni
Digest Contents
1. Europe
-Ukraine: Allegations of Russian Activity in the Temporarily Occupied
Territories of Ukraine
-CyprusTurkey: Reports of Alleged Violations
-Germany: The Application of International Law in Cyberspace
2. Africa
-Eritrea-Ethiopia: Tigray crisis continues amid Eritrean presence in Ethiopia
-Burkina Faso Ivory Coast: Agreement to mutualiseoperations against
terrorists
-Sahel Region: International military assistance continues
-Mozambique: The Southern African Development Community (SADC)
deploys troops
© 2021 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group
This is an Open Access article distributed under the terms of the Creative Commons Attribution-NonCommercial-NoDer-
ivatives License (http://creativecommons.org/licenses/by-nc-nd/4.0/), which permits non-commercial re-use, distri-
bution, and reproduction in any medium, provided the original work is properly cited, and is not altered,
transformed, or built upon in any way.
CONTACT Patrick M Butchard Patrick.Butchard@edgehill.ac.uk
*Suggestions and input for future Digests of State Practice can be sent to patrick.butchard@edgehill.ac.uk
or J.Nessa@liverpool.ac.uk at any time. All websites accessed 1 October 2021.
JOURNAL ON THE USE OF FORCE AND INTERNATIONAL LAW
2021, VOL. 8, NO. 2, 343398
https://doi.org/10.1080/20531702.2021.2006485
-Somalia-Kenya-US: Drawdown of military operations
3. Middle East
-Syria-Third StatesInvolvement
-Syria-United States: Claims of Measures Taken in Self-Defence
-Syria-Israel: Dispute Over the Golan Heights and Alleged Attacks by
Israel Against Syria
-IraqTurkey: Turkeys Claim of Self-Defence
-IsraelIran
-Iran-United States: Strait of Hormuz Incident
-Lebanon-Israel: Exchange of Allegations of Violations
-Yemen: Investigation Results of Terrorist Attack at Aden International
Airport on 30 December 2020 and Accusations of Iranian Involvement in
Further Attacks
-Saudi Arabia Alleged Houthi Militia Attack and Accusations of
Iranian Involvement
-Bahrain-Qatar: Bahrain refutes Qatars allegations from letter dated 31
December 2020
-Israel-Palestine
4. Asia
-Armenia-Azerbaijan: Developments following 2020 conict and peace
deal
-ChinaTaiwan: US reiterates support for Taiwan as China sends jets
through airspace
-IndiaChina: Border clashes and withdrawal
-South China Sea: Tensions between the US and China play out at sea
-India-Pakistan: Rare joint statement amid usual border rhetoric
-North Korea: Continued disputes and tensions over missile testing
-Kyrgyzstan-Tajikistan: Ceasere agreement after military ghting
5. Americas
-VenezuelaGuyana-United States: Alleged military exercises in Vene-
zuelan Waters
-VenezuelaColombia: Venezuelan Military Operations
6. Non-Regional Issues
-UN General Assembly Special Committee on the Charter of the United
Nations and on the Strengthening of the Role of the Organization: Mexicos
proposals on self-defence
-Mexico hosts Security Council Arria-formula Meeting, states reveal their
views on self-defence
-Militarisation of Space
344 P. M. BUTCHARD AND J. J. NESSA
1. Europe
Ukraine: Allegations of Russian Activity in the Temporarily Occupied
Territories of Ukraine
During this reporting period, Ukraine continued to write to the UN Security
Council concerning Russias alleged activity in the temporarily occupied ter-
ritories of Ukraine. Complaints included, for example, alleged arbitrary
arrests of Ukrainian citizen in Crimea
1
and ongoing conscription of citi-
zens,
2
which were described as incidents as violations of Russias obligations
under international law. During an Arria-formula meeting of the Security
Council on 24 February 2021, Ukraine accused Russia of armed aggression:
As long as a situation of an armed aggression by a UNSC permanent member
exists, thus undermining the ability of the Security Council to duly exercise its
mandate, self-defence will remain the legitimate last resort for the states under
attack.
3
The G7 Ministers issued statements rearming their unwavering support for
Ukraines sovereignty and territorial integrity against Russias alleged ongoing
aggression.
4
The United StatesSecretary of State held separate calls with his
counterparts from France,
5
Germany,
6
Afghanistan
7
and Italy,
8
where they
all rearmed the need for Russia to end its dangerous rhetoric and its military
build-up in occupied Crimea. The United States called upon Russia to end is
occupation and ongoing aggression of Crimea.
9
The United States also held
that it was committed to assisting Ukraine with its self-defence needs.
10
1
Letter dated 17 February 2021 from the Permanent Representative of Ukraine to the United Nations
addressed to the Secretary-General and the President of the Security Council, UN Doc A/75/766-S/
2021/161 (19 February 2021).
2
Letter dated 2 April 2021 from the Permanent Representative of Ukraine to the United Nations
addressed to the Secretary-General, UN Doc A/75/842-S/2021/329 (5 April 2021).
3
Letter dated 8 March 2021 from the Permanent Representative of Mexico to the United Nations
addressed to the President of the Security Council, UN Doc A/75/993-S/2021/247 (16 March 2021)
812 (Ukraine).
4
United States, Department of State, G7 Foreign MinistersStatement on Ukraine(18 March 2021) www.
state.gov/g7-foreign-ministers-statement-on-ukraine/; United States, Department of State, G7 Foreign
MinistersStatement on the Situation Along Ukraines Borders(12 April 2021) www.state.gov/g7-
foreign-ministers-statement-on-the-situation-along-ukraines-borders/.
5
United States, Department of State, Secretary Blinkens Call with French Foreign Minister Le Drian(9
April 2021) www.state.gov/secretary-blinkens-call-with-french-foreign-minister-le-drian-3/.
6
United States, Department of State, Secretary Blinkens Call with German Foreign Minister Maas(9 April
2021) www.state.gov/secretary-blinkens-call-with-german-foreign-minister-maas-2/.
7
United States, Department of State, Secretary Blinkens Call with UK Foreign Secretary Raab(10 April
2021) www.state.gov/secretary-blinkens-call-with-uk-foreign-secretary-raab-2/.
8
United States, Department of State, Secretary Blinkens Meeting with Italian Foreign Minister Di Maio
(12 April 2021) www.state.gov/secretary-blinkens-meeting-with-italian-foreign-minister-di-maio-2/.
9
United States, Department of State, Crimea is Ukraine(25 February 2021) www.state.gov/crimea-is-
ukraine/; United States, Department of State, Secretary Blinkens Call with Ukrainian Foreign Minister
Kuleba(31 March 2021) www.state.gov/secretary-blinkens-call-with-ukrainian-foreign-minister-
kuleba/.
10
United States, Department of State, Secretary Antony J. Blinken, Secretary of Defense Lloyd J. Austin,
and NATO Secretary General Jens Stoltenberg at a Joint Press Availability(14 April 2021) www.state.
JOURNAL ON THE USE OF FORCE AND INTERNATIONAL LAW 345
Russia cautioned that any Ukrainian eort to return Crimea to Ukraine
would be illegitimate and would be perceived as a threat of aggression.
11
Russia blamed the Ukrainian media for creating hysteria about a mythical
Russian threat.
12
Further, Russia claimed that it was the United States and
NATO that were intensifying military activities in Ukraine and near it, refer-
ring to their actions as aggravating and provocative.
13
In a letter dated 16 April 2021 addressed to the Secretary-General,
Ukraine complained of alleged restrictions on free navigation in the
Black Sea imposed by Russia.
14
Ukraine considered the Russian imposition
of restrictions to constitute yet another attempt to usurp Ukraines sover-
eign rights of a coastal State in violation of the norms and principles of
international law.
15
Ukraine viewed Russias behaviour as indicating
Russias unwillingness to cease its aggression against Ukraine with the
use of military and hybrid methods.
16
On 5 May 2021, the United
States called upon Russia to return full control of the Peninsula to
Ukraine.
17
CyprusTurkey: Reports of Alleged Violations
Cyprus reported alleged violations of international air trac regulations, air-
space and territorial waters of Cyprus by Turkey from November 2020,
18
December 2020,
19
January 2021
20
and FebruaryMarch 2021.
21
Turkey
responded separately to each of these letters by refuting the allegations
and stating the following in all of its responses:
gov/secretary-antony-j-blinken-secretary-of-defense-lloyd-j-austin-and-nato-secretary-general-jens-
stoltenberg-at-a-joint-press-availability/.
11
Russia, Ministry of Foreign Aairs, Foreign Ministry Spokeswoman Maria Zakharovas comment on
Ukrainian authoritiesplanned action against Russian Crimea(15 March 2021) www.mid.ru/en/
foreign_policy/news/-/asset_publisher/cKNonkJE02Bw/content/id/4632674.
12
Russia, Ministry of Foreign Aairs, Brieng by Foreign Ministry Spokeswoman Maria Zakharova,
Moscow, April 9, 2021(9 April 2021) www.mid.ru/en/foreign_policy/news/-/asset_publisher/
cKNonkJE02Bw/content/id/4675227.
13
Russia, Ministry of Foreign Aairs, Brieng by Foreign Ministry Spokeswoman Maria Zakharova,
Moscow, April 15, 2021(15 April 2021) www.mid.ru/en/foreign_policy/news/-/asset_publisher/
cKNonkJE02Bw/content/id/4687881#7.
14
Letter dated 16 April 2021 from the Permanent Representative of Ukraine to the United Nations
addressed to the Secretary-General, UN Doc A/75/857-S/2021/377 (20 April 2021).
15
Ibid.
16
Ibid.
17
United States, Department of State, The United States and Ukraine: Strategic Partners(5 May 2021)
www.state.gov/the-united-states-and-ukraine-strategic-partners/.
18
Letter dated 18 January 2021 from the Permanent Representative of Cyprus to the United Nations
addressed to the Secretary-General, UN Doc A/75/723-S/2021/61 (21 January 2021).
19
Letter dated 12 February 2021 from the Chargé daaires a.i. of the Permanent Mission of Cyprus to the
United Nations addressed to the Secretary-General, UN Doc A/75/748-S/2021/142 (12 February 2021).
20
Letter dated 17 March 2021 from the Permanent Representative of Cyprus to the United Nations
addressed to the Secretary-General, UN Doc A/75/815S/2021/267 (17 March 2021).
21
Letter dated 27 May 2021 from the Permanent Representative of Cyprus to the United Nations
addressed to the Secretary-General, UN Doc A/75/898-S/2021/511 (28 May 2021).
346 P. M. BUTCHARD AND J. J. NESSA
I wish to underline that ights within the sovereign airspace of the Turkish
Republic of Northern Cyprus are carried out with the full knowledge and per-
mission of the relevant authorities of the State, over which the Greek Cypriot
administration in South Cyprus has no jurisdiction or right of say
whatsoever.
22
Turkey reported alleged violations of Turkeys national airspace by Cyprus
for the period between July 2020 and March 2021.
23
Germany: The Application of International Law in Cyberspace
In March 2021, Germany released a position paper on international laws
application in cyberspace.
24
The position paper recognised that the majority
of malicious cyber operations fall outside the scope of forcebut noted that
cyber operations might in extremis fall within the scope of the prohibition of
the use of force and thus constitute a breach of art. 2 para. 4 UN Charter.
25
Furthermore, it was stated that the position of Germany was that Charter
provisions apply to any use of force, regardless of the weapons employed;
thus, the emphasis is on the eects rather than on the means used.
26
The
position paper conrmed Germanys position that the threshold of the use
of force was dened by the scale and eects of such a cyber operation:
Whenever scale and eects of a cyber operation are comparable to those of a
traditional kinetic use of force, it would constitute a breach of art. 2 para. 4 UN
Charter.
The determination of a cyber operation as having crossed the threshold of a
prohibited use of force is a decision to be taken on a case-by-case basis.
Based on the assessment of the scale and eects of the operation, the
broader context of the situation and the signicance of the malicious cyber
operation will have to be taken into account.
27
The position paper noted that a cyber incident could be conducted by state
organs which are attributable to the state in question
28
and by non-state
22
Letter dated 10 February 2021 from the Permanent Representative of Turkey to the United Nations
addressed to the Secretary-General, UN Doc A/75/741-S/2021/129 (11 February 2021); Turkey, Letter
dated 24 February 2021 from the Permanent Representative of Turkey to the United Nations addressed
to the Secretary-General, UN Doc A/75/782-S/2021/185 (26 February 2021); Letter dated 22 March
2021 from the Permanent Representative of Turkey to the United Nations addressed to the Sec-
retary-General, UN Doc A/75/824S/2021/283 (23 March 2021); Turkey, Letter dated 11 June 2021
from the Permanent Representative of Turkey to the United Nations addressed to the Secretary-
General, UN Doc A/75/922-S/2021/568 (14 June 2021).
23
Letter dated 22 April 2021 from the Permanent Representative of Turkey to the United Nations
addressed to the Secretary-General, UN Doc A/75/862-S/2021/399 (26 April 2021).
24
Germany, Ministry of Foreign Aairs, On the Application of International Law in Cyberspace Position
Paper(March 2021) www.auswaertiges-amt.de/blob/2446304/32e7b2498e10b74fb17204c54665bdf0/
on-the-application-of-international-law-in-cyberspace-data.pdf.
25
Ibid,6.
26
Ibid.
27
Ibid.
28
Ibid, 10.
JOURNAL ON THE USE OF FORCE AND INTERNATIONAL LAW 347
actors which act on the instructions of, or under the direction or control of, a
State are attributable to that State.
29
With regards to providing evidence of
the attribution, the position paper held that there was no general obligation
under international law to publicize a decision on attribution and to provide
or to submit for public scrutiny detailed evidence on which an attribution is
based:
Any such publication in a particular case is generally based on political con-
siderations and does not create legal obligations for the State under inter-
national law. Also, it is within the political discretion of a State to decide on
the timing of a public act of attribution. Nevertheless, Germany supports
the UN Group of Governmental Expertsposition in its 2015 report that accu-
sations of cyber-related misconduct against a State should be substantiated.
States should provide information and reasoning and if circumstances
permit attempt to communicate and cooperate with the State in question
to clarify the allegations raised. This may bolster the transparency, legitimacy
and general acceptance of decisions on attribution and any response measures
taken.
30
Germany conrmed that it was of the position that malicious cyber oper-
ations could constitute an armed attack whenever they are comparable to
traditional kinetic armed attack in scale and eect, triggering the right of
self-defence according to Article 51 of the Charter.
31
The position paper
elaborated:
The response to malicious cyber operations constituting an armed attack is not
limited to cyber counter-operations. Once the right to self-defence is triggered,
the State under attack can resort to all necessary and proportionate means in
order to end the attack. Self-defence does not require using the same means as
the attack which provided the trigger for its exercise.
32
2. Africa
Eritrea-Ethiopia: Tigray Crisis Continues Amid Eritrean Presence in
Ethiopia
As detailed in the previous Digest,
33
an internal increase in tensions between
the Tigray Peoples Liberation Front (TPLF) and the Ethiopian Federal Gov-
ernment over local elections, Ethiopia declared a state of emergency in the
Tigray Region.
34
Prime Minister Abiy Ahmed then ordered the Ethiopian
29
Ibid, 11.
30
Ibid, 12.
31
Ibid, 15.
32
Ibid,156.
33
Patrick M Butchard and Jasmin J Nessa (eds), Digest of State Practice: 1 July 31 December 2020
(2021) 8(1) Journal on the Use of Force and International Law 357, 1834.
34
Louisa Brooke-Holland, Ethiopia: Warnings of Full-Scale Humanitarian Crisisin Tigray Region, House
of Commons Library, UK Parliament (18 November 2020) https://commonslibrary.parliament.uk/
348 P. M. BUTCHARD AND J. J. NESSA
military to deploy to the Tigray region after accusing the TPLF of attacking
federal military personnel and attempting to steal equipment.
35
After some months of accusations between the parties of clashes with Eri-
trean troops in the region, in December the United States suggested that it
believed reports of Eritreas military involvement in the Tigray region
were credible.
36
While these accusations were initially dismissed as propa-
gandaby Eritreas Foreign Minister,
37
Eritrea and Ethiopia nally acknowl-
edged the presence of Eritrean troops in Tigray.
38
In March 2021, Ethiopian
Prime Minister Abiy Ahmed acknowledged that Eritrean troops had been
present within Ethiopia during the conict, and in the same address to Par-
liament also acknowledged that some Ethiopian troops may have committed
atrocities such as rape and looting, promising that those responsible would
be held to account.
39
In April, Eritrea wrote to the UN Security Council
acknowledging Eritreas presence in Tigray, but denying any illegal conduct:
We are indeed appalled by attempts to blame those who were forced to resort
to legitimate measures of self-defence that other countries would have used
under similar circumstances. The allegations of rape and other crimes
lodged against Eritrean soldiers are not just outrageous, but also a vicious
attack on the culture and history of our people.
40
Eritrea also went on to say that
as the looming grave threat has been largely thwarted, Eritrea and Ethiopia
have agreed at the highest levels to embark on the withdrawal of Eritrean
forces and the simultaneous redeployment of Ethiopian contingent along the
international boundary. Eritrea avails of this occasion to thank the member
States of the Security Council who have insisted on adherence to established
norms in this case, too.
41
ethiopia-fears-of-civil-war-in-tigray-region/; more recently, see, Louisa Brooke-Holland, Ethiopia: Situ-
ation in Tigray, House of Commons Library, UK Parliament (18 June 2021) https://commonslibrary.
parliament.uk/research-briengs/cbp-9147/.
35
Ethiopia, Oce of the Prime Minister on Twitter (4 November 2020) https://twitter.com/PMEthiopia/
status/1323901191902822406.
36
Phil Stewart, Exclusive: U.S. Says reports of Eritrean Troops in Ethiopias Tigray are Credible”’,Reuters
(11 December 2020) www.reuters.com/article/ethiopia-conict-eritrea-usa-idINKBN28L07J; see also,
Tigray crisis: Eritreas role in Ethiopian conict,BBC News (28 December 2020) www.bbc.co.uk/
news/world-africa-55295650.
37
Peter Beaumont, Diplomats back claims Eritrean troops have joined Ethiopia conict,The Guardian (8
December 2020) www.theguardian.com/world/2020/dec/08/diplomats-back-claims-eritrean-troops-
have-joined-ethiopia-conict.
38
Ethiopias PM Abiy Admits Eritrean Forces are in Tigray,The Defense Post (23 March 2021) www.
thedefensepost.com/2021/03/23/ethiopia-admits-eritrea-in-tigray/; see also, Cara Anna, Ethiopian
Army Ocial Conrms Eritrean Troops in Tigray,AP News (7 January 2021) https://apnews.com/
article/eritrea-abiyahmed-ethiopia-united-nations-kenya-9d12e2af8c22926dd6b6b0c2d67473bf .
39
Ethiopian PM Conrms Eritrean Troops Entered Tigray During Conict,Reuters (23 March 2021) www.
reuters.com/article/us-ethiopia-conict-idUSKBN2BF1NT.
40
Letter dated 16 April 2021 from the Permanent Representative of Eritrea to the United Nations
addressed to the President of the Security Council, UN Doc S/2021/378 (19 April 2021).
41
Ibid.
JOURNAL ON THE USE OF FORCE AND INTERNATIONAL LAW 349
On 23 May, US Secretary of State Antony Blinken expressed concern that
the parties to the conict in Tigray have taken no meaningful steps to end
hostilities or pursue a peaceful resolution of the political crisis.
42
He
announced that the US would impose visa restrictions for any current
or former Ethiopian or Eritrean government ocials, members of the
security forces, or other individuals that are responsible for, or complicit
in, undermining resolution of the crisis in Tigray.
43
In response, Eritrea
accused the US of interference in Eritrea and Ethiopias internal aairs,
arguing:
The current situation in the Tigray Region of Ethiopia is the direct and cumu-
lative consequence of misguided measures pursued, by successive United
States Administrations in the last two decades, to prop up and embolden
the Tigray Peoples Liberation Front (TPLF) to agrantly violate international
law with impunity and to indulge in acts of continuous regional
destabilization.
44
In this context, Eritrea referred to historical sanctions against the country,
and argued that even Security Council sanctions previously imposed on
Eritrea were done so on spurious pretextsand in contravention of
Article 51 of the Charter of the United Nations.
45
In May, Ethiopias Cabinet and Parliament branded the TPLF a terrorist
organisation.
46
By the end of June, the TPLF had taken the Tigray region
capital, Mekelle,
47
and by the end of this reporting period some reports
suggested that forces were continuing to push to recapture towns in the
south of the region.
48
As the conict continued, Ramesh Rajasingham, UN
Acting Under-Secretary-General for Humanitarian Aairs and Emergency
Relief Coordinator, warned of an imminent humanitarian crisis and
people falling into famine in Tigray.
49
Meanwhile, Ethiopian Prime Minister
Abiy Ahmed won the rescheduled election in June-July 2021, but voting did
42
US, Department of State, United StatesActions to Press for the Resolution of the Crisis in the Tigray
Region of Ethiopia(23 May 2021) www.state.gov/united-states-actions-to-press-for-the-resolution-of-
the-crisis-in-the-tigray-region-of-ethiopia/.
43
Ibid.
44
Letter dated 27 May 2021 from the Permanent Representative of Eritrea to the United Nations
addressed to the President of the Security Council, UN Doc S/2021/510 (1 June 2021).
45
Ibid.
46
Tigray Conict: Ethiopia Lists TPLF as a Terrorist Group,Africa News (6 May 2021) www.africanews.
com/2021/05/06/tigray-conict-ethiopia-lists-tplf-as-a-terrorist-group/.
47
Ethiopias Tigray Conict: Street Celebrations as Rebels Seize Capital,BBC News (29 June 2021) www.
bbc.co.uk/news/world-africa-57645282.
48
Dawit Endeshaw and Maggie Fick, Forces from Ethiopias Tigray Region Say they are Pushing South,
Reuters (12 July 2021) www.reuters.com/world/africa/forces-ethiopias-tigray-region-say-they-are-say-
pushing-south-2021-07-12/.
49
400,000 in Tigray Cross Threshold Into Famine, with Nearly 2 Million on the Brink, Security Council
told,UN News (2 July 2021) https://news.un.org/en/story/2021/07/1095282; see also, Giulia Paravicini
and Katharine Houreld, EXCLUSIVE UN Ocial Accuses Eritrean Forces of Deliberately Starving Tigray,
Reuters (14 June 2021) www.reuters.com/world/africa/exclusive-un-ocial-accuses-eritrean-forces-
deliberately-starving-tigray-2021-06-11/.
350 P. M. BUTCHARD AND J. J. NESSA
not take place in Tigray.
50
Further recent developments on the international
communitys reaction and their consideration of sanctions against Ethiopia
and Eritrea will be covered in future Digests.
Burkina Faso Ivory Coast: Agreement to MutualiseOperations
against Terrorists
In a previous Digest covering January June 2020,
51
it was reported that
Burkina Faso and Ivory Coast took part in a large-scale joint operation
targeting terrorist forces for the rst time. In May 2021, reports
emerged that the two Defence Ministers of those states were keen to
mutualisetheir operations in ghting terrorist forces.
52
Ivory Coast
Defence Minister Téné Birahima Ouattara said, We believe that the
ght against terrorism cannot be led by a single state. We must pool
our eorts, keep each other informed and try to put together our
means to ght eectively against this scourge.
53
The ministers
further acknowledged further joint operations by the two states following
recent cross-border attacks.
54
Sahel Region: International Military Assistance Continues
Following reports during the previous reporting period that France was con-
sidering an exit strategy from the Sahel, further reports and developments
continued regarding Frances involvement in the region during the rst
half of 2021. Reports suggested that internal political factors may inuence
Frances decision to drawback their eight-year-long mission in Mali.
55
In
June, French President Emmanuel Macron announced that Operation Bar-
khane would come to an end, and some French troops would join the
Takuba international task force.
56
Macron said France is in Africa only at
the request of Africans to ght against terrorism But the shape of our
50
Ethiopia election: Abiy Ahmed wins with Huge Majority,BBC News (11 July 2021) www.bbc.co.uk/
news/world-africa-57791868.
51
Patrick M Butchard (ed), Digest of State Practice: 1 January30 June 2020(2020) 7(2) Journal on the
Use of Force and International Law 357, 3645.
52
Burkina Faso, Ivory Coast, to MutualizeEorts in Anti-Jihadist Fight,Africa News (10 May 2021) www.
africanews.com/2021/05/10/burkina-faso-ivory-coast-to-mutualize-eorts-in-anti-jihadist-ght/.
53
Ibid.
54
Ibid.
55
After Eight Years of Mali Campaign, France Seeks Exit Strategy,The Defense Post (6 January 2021)
www.thedefensepost.com/2021/01/06/france-seeks-mali-exit-strategy/.
56
Macron Announces Sahel Troop Drawdown, Calls for New Force,The Defense Post (11 June 2021)
www.thedefensepost.com/2021/06/11/macron-announces-sahel-troop-drawdown/; see also, Tangi
Salaün and John Irish, France Ends West African Barkhane Military Operation,Reuters (11 June
2021) www.reuters.com/world/africa/france-announce-troop-reduction-sahel-operations-sources-
2021-06-10/.
JOURNAL ON THE USE OF FORCE AND INTERNATIONAL LAW 351
presence, an operation abroad involving 5,000 troops, is not adapted any
more to the reality of the combats.
57
Macron later claried that France would not withdraw completely from
the region, and Operation Barkhane would aim to draw to a close by early
2022.
58
Macron said:
Our enemies have abandoned their territorial ambitions in favour of spreading
their threat not only across the Sahel, but across all of West Africa Unfor-
tunately this oensive implies increased pressure on all the Gulf of Guinea
countries, which is already a reality.
We are going to reorganise ourselves in line with this need to stop this spread
to the south, and it will lead to a reduction of our military footprint in the
north.
59
The G5 Sahel, and the Sahel Alliance met in NDjamena, Chad, in February
and announced commitments to strengthening counterterrorism operations
in the region, and strengthening the European contingent to assist with
this.
60
Chads President Idriss Deby Itno also tweeted that Chadian troops
will be deployed to the three borderzone between Niger, Mali, and
Burkina Faso
61
but this tweet has since seemingly been deleted following
the Presidents death during rebel clashes in April 2021.
62
Meanwhile, mili-
tary operations against militant forces in the Sahel region continued
throughout the reporting period.
Operations suspended in Mali following second military coup
As reported in the previous Digest, in August 2020 the Mali military forced a
coup against the government, complicating relationships with international
57
Sylvie Corbet, Macron to Reduce French Military Troops in Africas Sahel,AP News (10 June 2021)
https://apnews.com/article/europe-africa-government-and-politics-aafc8384982070d6c2bc713a00
8d9638.
58
Macron Announces Frances Sahel Military Force will End in Early 2022,France24 (14 July 2021) www.
france24.com/en/france/20210713-macron-announces-france-s-sahel-military-force-will-end-in-early-
2022.
59
France to Start Closing Military Bases in Mali by Year-End: Macron,The Defense Post (9 July 2021) www.
thedefensepost.com/2021/07/09/france-mali-bases/.
60
Sylvie Corbet and Sam Mednick, France, West Africa Step up Counterterrorism Eorts,AP News (16
February 2021) https://apnews.com/article/mauritania-chad-counterterrorism-paris-niger-
a96f688f58304bd9c8375435333a79da; see also, Alliance Sahel, 2021 General Assembly of the Sahel
Alliance (NDjamena, Tchad), (15 February 2021) www.alliance-sahel.org/en/2021-general-assembly-
sahel-alliance/.
61
Chad to Send Troops to Sahel Jihadist Flashpoint,The Defense Post (16 February 2021) www.
thedefensepost.com/2021/02/16/chad-troops-sahel-jihadist-ashpoint/.
62
Chads President Idriss Déby dies after Clashes with Rebels,BBC News (20 April 2021) www.bbc.co.uk/
news/world-africa-56815708; see also, Madjiasra Nako and Aaron Ross, Chad President Idriss Deby
Killed on Frontline, Son to Take Over,Reuters (20 April 2021) www.reuters.com/world/africa/chad-
president-idriss-deby-has-died-says-army-spokesman-2021-04-20/.
352 P. M. BUTCHARD AND J. J. NESSA
military partners in the country particularly France.
63
French airstrikes
continued to take place, and the military-appointed government supported
the operations.
64
But in May the Malian military detained the President,
Prime Minister and defence minister of the interim government,
65
and
two days later the interim president and prime minister resigned.
66
In
response to suggestions that these resignations were forced by the military,
France announced that it would be suspending any joint operations with
the Mali military as part of Operation Eclipse.
67
Other states took diplomatic
measures, and Mali was suspended from ECOWAS and the African Union.
68
France nally resumed operations with the military one month later follow-
ing consultations with the military leaders.
69
In Resolution 2584 (2021), renewing the mandate of the United Nations
Multidimensional Integrated Stabilization Mission in Mali (MINUSMA),
UN Security Council also condemned what it called the violation of the
Transition Charter constituted by the arbitrary arrest of the transitional
leaders by elements of the Defense and Security forces, and called for the
immediate resumption of the inclusive transition in Mali leading to elections
and constitutional order.
70
Mozambique: The Southern African Development Community
(SADC) Deploys Troops
The Previous Digest covered the deteriorating situation in Mozambique
involving militants known as Ansar al-Sunna from Mozambique that had
pledged allegiance to the so-called Islamic State.
71
Previously, states from
the South African Development Community (SADC) had expressed
63
See Butchard and Nessa (n 33) 17981.
64
See, e.g. France Says Kills Dozens of Mali Jihadists, Villagers Say Wedding Party Hit,The Defense Post (6
January 2021) www.thedefensepost.com/2021/01/06/france-kills-mali-jihadists-wedding-party-hit/;
French Strike in Mali Targeted Jihadists, Says Bamako,The Defense Post (8 January 2021) www.
thedefensepost.com/2021/01/08/bamako-says-france-hit-jihadists-mali/.
65
David Lewis, Military Detain Malis President, Prime Minister and Defence Minister,Reuters (24 May
2021) www.reuters.com/world/africa/military-arrest-malis-president-prime-minister-defence-minister-
sources-2021-05-24/.
66
Tiemoko Diallo, Paul Lorgerie and Aaron Ross, Malis President and Premier Resign Following Military
Takeover,Reuters (26 May 2021) www.reuters.com/world/africa/mediators-meet-detained-mali-
president-prime-minister-2021-05-26/.
67
Tangi Salaün, Pressuring Junta, France Suspends Joint Military Operations with Malian Forces,Reuters
(4 June 2021) www.reuters.com/world/africa/france-suspends-joint-military-operations-with-malian-
troops-2021-06-03/.
68
See, e.g. ECOWAS Suspends Mali Over Second Coup in Nine Months,Al-Jazeera (31 May 2021) www.
aljazeera.com/news/2021/5/31/ecowas-suspends-mali-over-second-coup-in-nine-months; African
Union, African Union Suspends Mali from Participation in all Activities of the African Union and
Decides to Constitute an Evaluation Mission to Engage with all Concerned Stakeholders(16 June
2021) https://au.int/en/articles/african-union-suspends-mali-participation-all-activities.
69
France Resumes Joint Military Operations in Mali,Al-Jazeera (3 July 2021) www.aljazeera.com/news/
2021/7/3/france-resumes-joint-military-operations-with-mali.
70
UNSC Res 2584 (2021), UN Doc S/RES/2584 (2021) (29 June 2021) preambular para 12.
71
Butchard and Nessa (n 33) 1856.
JOURNAL ON THE USE OF FORCE AND INTERNATIONAL LAW 353
willingness to assist Mozambique in their military operations, but reports in
August 2020 suggested that the Mozambican government did not want to
consent to a SADC intervention, and instead preferred bilateral military
assistance from Zimbabwe.
72
On 23 June, the Executive Secretary of SADC, Stergomena Tax, told
reporters that the African states had agreed the deployment of a Standby
Force in support of Mozambique to combat terrorism and acts of violent
extremism in Cabo Delgado.
73
At the beginning of July, Stergomena Tax
wrote to the Unites Nations to inform the Security Council of the deploy-
ment, stating that the deployment was to take eect by 15 July 2021, for
an initial period of three months.
74
There were no details at that time on
troop numbers or contributions, but SADC said that the mission aims to
support Mozambique in combating acts of terrorism and violent extremism,
and to support Mozambique in restoring law and order in aected areas of
Cabo Delgado Province.
75
The letter to the UN also argued that the deploy-
ment was [c]onsistent with the SADC Protocol on Politics, Defence and
Security Cooperation, and in recognition of the principle of subsidiarity as
espoused in the Charter of the United Nations (Chapter VIII, regional
arrangements, Article 52).
76
Reports suggest the SADC publicly launched in August 2021, and these
developments will be covered in the next reporting period.
77
In similar developments, other states oered international assistance to
Mozambique to combat terrorism. For example, in March the US announced
that US Special Operations Forces will train Mozambican marines for two
months to support Mozambiqueseorts to prevent the spread of terrorism
and violent extremism.
78
Similarly, Portuguese Defence Minister Joao Gomes
Cravinho announced a ve-year defence plan with Mozambique, where Portu-
gal will provide special forces training for the local defence forces.
79
At the end of
72
Ibid; see also, Andrew Kunambura, Mozambican Govt Begs Zim for Military Rescue,Zimbabwe Inde-
pendent (7 August 2020) www.theindependent.co.zw/2020/08/07/mozambican-govt-begs-zim-for-
military-rescue/.
73
Southern African Nations Agree to Deploy Forces to Mozambique,Al-Jazeera (23 June 2021) www.
aljazeera.com/news/2021/6/23/southern-african-nations-agree-to-deploy-forces-to-mozambique.
74
Letter dated 15 July 2021 from the Secretary-General addressed to the President of the Security
Council, UN Doc S/2021/658 (21 July 2021) Annex.
75
Ibid.
76
Ibid.
77
See, Helmoed-Römer Heitman and Jeremy Binnie, SADC Mission in Mozambique Launched,Janes (12
August 2021) www.janes.com/defence-news/news-detail/sadc-mission-in-mozambique-launched.
78
US Embassy in Mozambique, U.S. Government Provides Military Training to Mozambican Marines(15
March 2021) https://mz.usembassy.gov/u-s-government-provides-military-training-to-mozambican-
marines/.
79
Portugal Signs Deal to Help Mozambique in Jihadist Fight,The Defense Post (10 May 2021) www.
thedefensepost.com/2021/05/10/portugal-helps-mozambique-ght-jihadists/; see also, Catarina
Demony and Emma Rumney, Portugal to Send Another 60 Troops to Mozambique on Training
Mission,Reuters (10 May 2021) www.reuters.com/world/africa/portugal-send-another-60-troops-
mozambique-training-mission-2021-05-10/.
354 P. M. BUTCHARD AND J. J. NESSA
June, the EU also established an EU Training Mission in Mozambique,
80
and
formalised the mission as EUTM Mozambique in early July.
81
The EU missions
mandate mission will initially last two years, and the EU announced:
During this period, its strategic objective will be to support the capacity build-
ing of the units of the Mozambican armed forces that will be part of a future
Quick Reaction Force. In particular, the mission will provide military training
including operational preparation, specialised training on counter-terrorism,
and training and education on the protection of civilians and compliance
with international humanitarian law and human rights law.
82
Somalia-Kenya-US: Drawdown of Military Operations
As reported in the previous Digest, the US announced a plan to withdraw
military forces from Somalia the nal days of former US President
Trumps administration, to be completed in January 2021.
83
The US military
conrmed that this was complete by 17 January.
84
Up to 19 January, US
Africa Command continued to partake in airstrikes within Somalia against
al-Shabab forces.
85
Between February and July, there were no reported mili-
tary strikes, although some operations did resume at the end of this reporting
period.
86
The strikes following withdrawal were described by the US as con-
ducted under collective self-defense authority.
87
Meanwhile, the US continued to strengthen military ties and cooperation
with neighbouring Kenya. In March the US Army said:
The United States stands shoulder to shoulder with Kenya in our mutual
objective to keep Kenyans and Americans safe through support and
cooperation across all branches of the Kenya Defence Forces, including
80
EU Agrees Military Training Mission for Mozambique,The Defense Post (30 June 2021) www.
thedefensepost.com/2021/06/30/eu-mozambique-military-training/.
81
Council of the EU, Mozambique: EU Sets up a Military Training Mission to Help Address the Crisis in
Cabo Delgado(12 July 2021) www.consilium.europa.eu/en/press/press-releases/2021/07/12/
mozambique-eu-launches-a-military-training-mission-to-help-address-the-crisis-in-cabo-delgado/.
82
Ibid.
83
Butchard and Nessa (n 33) 1867.
84
Cara Anna, US Military Says its Troop Removal from Somalia is Complete,AP News (17 January 2021)
https://apnews.com/article/donald-trump-troop-withdrawals-national-elections-elections-africa-
a5c53d5c7cb0fa3473e7df98ee66ece1.
85
See, e.g. US Africa Command, U.S. Africa Command Conducts Strikes on Al-Shabaab Compound(2
January 2021) www.africom.mil/pressrelease/33391/us-africa-command-conducts-strikes-on-al-
shabaab-compound; US Africa Command, U.S. Africa Command Conducts Strike on Al-Shabaab
Leaders(7 January 2021) www.africom.mil/pressrelease/33401/us-africa-command-conducts-strike-
on-al-shabaab-leaders; US Africa Command, U.S. Africa Command Forces Conduct Strike on Al-
Shabaab Compound(18 January 2021) www.africom.mil/pressrelease/33422/us-africa-command-
forces-conduct-strike-on-al-shabaab-compound; US Africa Command, U.S. Africa Command Forces
Conduct Two Strikes on Al-Shabaab Operatives(19 January 2021) www.africom.mil/pressrelease/
33426/us-africa-command-forces-conduct-two-strikes-on-al-shabaab-operatives.
86
US Africa Command, U.S. Africa Command Conducts Strike against Al-Shabaab(20 July 2021) www.
africom.mil/pressrelease/33893/us-africa-command-conducts-strike-against-al-shabaab.
87
Ibid.
JOURNAL ON THE USE OF FORCE AND INTERNATIONAL LAW 355
annual education and training, shared intelligence and surveillance, joint mili-
tary exercises, high quality military equipment, and pandemic response.
88
3. Middle East
Syria-Third StatesInvolvement
During a Security Council meeting on 5 January 2021, the representative of
Syria accused Western Governmentsof using the Organisation for the Pro-
hibition of Chemical Weapons (OPCW) as a platform to fabricate accusa-
tions and justify aggression against Syria.
89
In a letter dated 12 January
2021, Syria complained of alleged support by Turkey of terrorist activities
in Syria, accusing the Erdoğan regime of agrant violations of international
law, which in the past few years have included attacks and occupation by
that regimes forces, in violation of the sovereignty, unity and territorial
integrity of my country.
90
Turkey rearmed its resolve to continue its
ght against terrorism:
Turkey is resolved to ght against all terrorist groups that threaten its national
security and Syrias unity. We will continue without hesitation, just as we have
done as an active member of the Global Coalition against Daesh since its
inception and as the only NATO country that engaged in chest-to-chest
combat against Daesh.
91
The European Parliament passed a resolution on the Syrian conict on 11
March 2021 stating, amongst other things, that Turkeys illegal invasion
and occupation and activities in Syria was jeopardising peace in Syria.
92
Turkey rejected the unfounded allegationsin the resolution and denounced
the resolution as revealing the European Parliaments biased and dishonest
approach against Turkey.
93
Moreover, Turkey recalled that it had conducted
operations in Syria on the basis of its right of self-defence:
88
US Army Europe and Africa, Press Release United States and Kenya Strengthen Security Partnership
(8 March 2021) www.europeafrica.army.mil/ArticleViewPressRelease/Article/2528464/press-release-
united-states-and-kenya-strengthen-security-partnership/.
89
President of the Security Council, Letter dated 7 January 2021 from the President of the Security
Council addressed to the Secretary-General and the Permanent Representatives of the members of
the Security Council, Un Doc S/2021/22 (7 January 2021) 32 (Syria).
90
Syria, Identical letters dated 12 January 2021 from the Permanent Representative of the Syrian Arab
Republic to the United Nations addressed to the Secretary-General and the President of the Security
Council, UN Doc S/2021/32 (15 January 2021).
91
President of the Security Council, Letter dated 1 March 2021 from the President of the Security Council
addressed to the Secretary-General and the Permanent Representatives of the members of the Security
Council, UN Doc S/2021/206 (3 March 2021) 41 (Turkey).
92
European Parliament, European Parliament resolution of 11 March 2021 on the Syrian conict 10
years after the uprising (2021/2576(RSP)) (11 March 2021) www.europarl.europa.eu/doceo/
document/TA-9-2021-0088_EN.html.
93
Turkey, Ministry of Foreign Aairs, No: 95, 12 March 2021, Press Release Regarding the Allegations
Against Turkey in European Parliament Resolution on the Syrian Conict(12 March 2021) www.
mfa.gov.tr/no_-95_-avrupa-parlamentosu-genel-kurulu-nda-kabul-edilen-suriye-ihtilana-iliskin-
kararda-ulkemize-yonelik-ifadeler-hk.en.mfa.
356 P. M. BUTCHARD AND J. J. NESSA
Turkey has conducted operations in the north of Syria against terrorist organ-
izations, which have threatened the Turkish and Syrian people along the
border line, on the basis of the right of self-defense in accordance with the
Article 51 of the UN Charter. All the necessary measures were taken with
utmost attention to prevent any harm to the civilians during and after the
operations.
94
In a letter, dated 20 January 2021, Syria informed the Security Council of
near-daily acts of aggressioncommitted by American forces in Syria:
The Syrian Arab Republic emphasizes that the actions of the American occu-
pying forces are a agrant attack on the sovereignty, unity and territorial integ-
rity of Syria, and blatantly contravene international law and the resolutions of
the Security Council concerning Syria
95
Further, Syria called for the withdrawal of the forces of the American occu-
pation and its alliesfrom Syrian territory.
96
In a letter dated 5 February 2021,
Syria, once again, complained of continued acts of aggression involving the
United States military forces.
97
In a further letter, dated 15 February 2021,
Syria wrote to the Security Council concerning the presence of foreign ter-
rorist ghters in the Syrian Arab Republic:
My country, Syria, has been the victim of a terrorist war waged by the Govern-
ments of States that are known to all, a war in which they have employed thou-
sands of foreign terrorists
98
Syria considered that foreign terrorist ghters continued to pose a major global
threat primarily because the Governments of Western States of which the
foreign terrorists are nationals have not fullled their responsibilities.
99
At the Arria-formula meeting on 24 February 2021, Syria accused the illegal
and illegitimate so-called international coalition”’ of distorting the Charter
and using the pretext of combatting ISIS in order to justify its actions under
Article 51 of the Charter.
100
Syria also accused Turkey of taking a similar
94
Ibid.
95
Syria, Identical letters dated 20 January 2021 from the Permanent Representative of the Syrian Arab
Republic to the United Nations addressed to the Secretary-General and the President of the Security
Council, UN Doc S/2021/65 (22 January 2021).
96
Ibid,2.
97
Syria, Identical letters dated 5 February 2021 from the Chargé daaires a.i. of the Permanent Mission of
the Syrian Arab Republic to the United Nations addressed to the Secretary-General and the President of
the Security Council, UN Doc S/2021/113 (9 February 2021).
98
Syria, Identical letters dated 15 February 2021 from the Chargé daaires a.i. of the Permanent Mission
of the Syrian Arab Republic to the United Nations addressed to the Secretary-General and the President
of the Security Council, UN Doc S/2021/143 (18 February 2021).
99
Ibid.
100
Mexico, Letter dated 8 March 2021 from the Permanent Representative of Mexico to the United
Nations addressed to the President of the Security Council, UN Doc A/75/993-S/2021/247 (16 March
2021) 701 (Syria).
JOURNAL ON THE USE OF FORCE AND INTERNATIONAL LAW 357
approach of using the pretext of legitimate defense and Article 51 to launch
aggressive actions against my country.
101
During a Security Council meeting
on 15 March 2021, the representative of Syria argued that it had been ten
years since some countrieshad launched a war against Syria:
On this day 10 years ago, the Governments of some countries, mainly the
United States, the United Kingdom and France, launched an unprecedented,
multifaceted, aggressive war against Syria to undermine its national choices,
target its legitimate Government and distort the image of its leadership
through terrorist tools, in grave violation of the principles of international
law and the provisions of the Charter of the United Nations. This clearly
revealed that those countries give precedence to the law of force over the
force of law.
102
In a letter dated 17 March 2021 addressed to the Security Council, Syria
stated that it had counted on and would continue to count on the United
Nations to condemn attacks and violations against Syrian territory, whilst
also noting that hostilities on its territory were continuing:
The Syrian Arab Republic is not surprised that Israel continues to pursue its
hostile and dangerous approach, that armed terrorists organizations continue
to commit crimes and that the Israeli, Turkish and American occupiers con-
tinue to hold cherished parts of Syrian territory. Nor is it surprised that the
European Union, the European Parliament, the United States of America
and certain States that are in their orbit issued nearly identical statements to
mark what they called 10 years of conict in Syria, in a blatant and shameful
exchange of roles among those who are playing their designated parts in
attacking the sovereignty and territorial integrity and unity of Syria
103
Syria held that the Security Council must full its responsibilities under the
Charter, reminding the Council that the most signicant of which was the
maintenance of international peace and security.
104
During a Security Council meeting on 20 January 2021, the representative
of China declared that the current security threats to Syria are mainly from
foreign occupation and faced with foreign military and terrorist forces, the
Syrian Government has the right to defend the countrys sovereignty and ter-
ritorial integrity and to conduct counter-terrorism operations to defend its
national security.
105
At the same meeting, the representative of Iran
101
Ibid.
102
President of the Security Council, Letter dated 17 March 2021 from the President of the Security
Council addressed to the Secretary-General and the Permanent Representatives of the members of
the Security Council, UN Doc S/2021/265 (18 March 2021) 35.
103
Syria, Identical letters dated 17 March 2021 from the Permanent Representative of the Syrian Arab
Republic to the United Nations addressed to the Secretary-General and the President of the Security
Council, UN Doc S/2021/271 (22 March 2021).
104
Ibid.
105
President of the Security Council, Letter dated 22 January 2021 from the President of the Security
Council addressed to the Secretary-General and the Permanent Representatives of the members of
the Security Council, UN Doc S/2021/75 (25 January 2021) 7 (China).
358 P. M. BUTCHARD AND J. J. NESSA
cautioned that ghting terrorism must not be used as a pretext to support
any separatist tendencies and illegitimate self-rule initiatives, or to violate
Syrian sovereignty.
106
In that context, the representative of Iran accused
the United States of occupying parts of Syria and shielding and supporting
certain terrorist groups, whilst also condemning Israels continued aggres-
sions against Syriaand warning that such provocative military adventurism
must stop now.
107
The representative of Iran expressed Iranian support for
Syria;
Iran will continue to support the people and the Government of Syria to over-
come the threats of terrorism and foreign occupation, rebuild their country
and ensure its unity and territorial integrity.
108
On numerous occasions, the United States rearmed its commitment to
defeat ISIS in Iraq and Syria through the Global Coalition.
109
France,
Germany, the United Kingdom and the United States announced that they
would be continuing eorts to target and eliminate the ISIS threat in Iraq
and Syria, including via the 83-member Global Coalition to Defeat ISIS.
110
In a Joint Communiqué by Ministers of the Global Coalition, the ministers
acknowledged that the threat remains.
111
Syria-United States: Claims of Measures Taken in Self-Defence
25 February 2021: targeted military strike in Eastern Syria
On 15 February 2021, the United States expressed its outrage at an alleged
rocket attack in Erbil, an Iraqi Kurdistan Region, that had occurred on
that same day.
112
During a call with the Iraqi Prime Minister, the United
StatesSecretary of State discussed eorts underway to identify and hold
106
Ibid, 39 (Iran).
107
Ibid (Iran).
108
Ibid (Iran).
109
See, e.g. United States, Department of State, On the Second Anniversary of ISISs Territorial Defeat(23
March 2021) www.state.gov/on-the-second-anniversary-of-isiss-territorial-defeat/; United States,
Department of State, Ministerial Meeting of the Global Coalition to Defeat ISISs Small Group(26
March 2021) www.state.gov/ministerial-meeting-of-the-global-coalition-to-defeat-isiss-small-group/;
United States, Department of State, Brieng with Acting Special Envoy for the Global Coalition to
Defeat ISIS John Godfrey on U.S. Participation in the Upcoming D-ISIS Ministerial(29 March 2021)
www.state.gov/brieng-with-acting-special-envoy-for-the-global-coalition-to-defeat-isis-john-
godfrey-on-u-s-participation-in-the-upcoming-d-isis-ministerial/; United States, Department of State,
Joint Communiqué by Ministers of the Global Coalition to Defeat ISIS(28 June 2021) www.state.
gov/joint-communique-by-ministers-of-the-global-coalition-to-defeat-isis/.
110
United States, Department of State, Joint Statement by the Secretary of State of the United States of
America and the Foreign Ministers of France, Germany, and the United Kingdom(18 February 2021)
www.state.gov/joint-statement-by-the-secretary-of-state-of-the-united-states-of-america-and-the-
foreign-ministers-of-france-germany-the-united-kingdom/.
111
United States, Department of State, Joint Communiqué by Ministers of the Global Coalition to Defeat
ISIS Small Group(30 March 2021) www.state.gov/joint-communique-by-ministers-of-the-global-
coalition-to-defeat-isis-small-group/.
112
United States, Department of State, Rocket Attacks in Erbil(15 February 2021) www.state.gov/rocket-
attacks-in-erbil/.
JOURNAL ON THE USE OF FORCE AND INTERNATIONAL LAW 359
accountable the groups responsible for the attack, as well as Iraqsresponsi-
bility and commitment to protect U.S. and Coalition personnel in Iraq at the
governments invitation to ght ISIS.
113
In a Joint Statement, the foreign
ministers of France, Germany, Italy, the United Kingdom, and the United
States of America stated that their governments will support the Govern-
ment of Iraqs investigation into the attack with a view to holding accounta-
ble those responsible.
114
Turkey condemned the rocket attacks in Ebril and
stated that it believed that Iraq would swiftly identify those responsible and
hold them accountable.
115
In a letter dated 27 February 2021, the United States reported to the Secur-
ity Council that it had taken measures in self-defence in eastern Syria:
[T]he United States, in an exercise of its inherent right of self-defence, as
reected in Article 51 of the Charter of the United Nations, has undertaken
a targeted military strike in eastern Syria against infrastructure used by Iran-
supported non-State militia groups.
116
The United States claimed that it, along with its Coalition partner forces in
Iraq, had been the target of an escalating series of threats and attacks by such
non-State militia groups, including the alleged rocket attack near Erbil, Iraq,
on 15 February:
In response to these attacks, the United States has taken military action in
eastern Syria against a facility used by Iran-supported non-State militia
groups that are responsible for recent attacks against United States personnel
and are engaged in ongoing planning for future such attacks. This necessary
and proportionate action was taken to defend United States personnel and
to deter further attacks.
117
The United States suggested that the so-called unwilling or unabledoctrine
applied in its justication of the defensive measures it had taken:
As noted in the United Statesletter to the Security Council of 23 September
2014, States must be able to defend themselves, in accordance with the
inherent right of self-defence reected in Article 51 of the Charter of the
United Nations, when, as is the case here, the government of the State
where the threat is located is unwilling or unable to prevent the use of its ter-
ritory by non-State militia groups responsible for such attacks. The United
113
United States, Department of State, Secretary Blinkens Call with Iraqi Prime Minister al-Kadhimi(16
February 2021) www.state.gov/secretary-blinkens-call-with-iraqi-prime-minister-al-kadhimi/.
114
United States, Department of State, Joint Statement on Rocket Attacks in Erbil(16 February 2021)
www.state.gov/joint-statement-on-rocket-attacks-in-erbil/.
115
Turkey, Ministry of Foreign Aairs, No: 58, 16 February 2021, Press Release Regarding the Rocket
Attacks that Took Place Last Night in Erbil(16 February 2021) www.mfa.gov.tr/no_-58_-erbil-de-
dun-gece-gerceklestirilen-roket-saldirilari-hk.en.mfa.
116
Letter dated 27 February 2021 from the Permanent Representative of the United States of America to
the United Nations addressed to the President of the Security Council, UN Doc S/2021/202 (3 March
2021).
117
Ibid.
360 P. M. BUTCHARD AND J. J. NESSA
States remains prepared to use necessary and proportionate force in self-
defence to respond to future threats to the United States and Coalition
forces.
118
On possible future cases, the United StatesSecretary of State warned that mili-
tary action will only be taken when the objectives and mission are clear and
achievable.
119
Further, the Secretary of State claimed that the United States
25 February 2021 military operation in Syria was conducted after it was
understood who was responsible, and that took took some time.
120
Syria informed the Security Council, in a letter dated 26 February 2021, of
the United States military operation.
121
Syria accused the United States of
citing imsy pretexts or other shameful excuses to justify those attacksand
warned that the consequences of this aggression will escalate the situation
in the region.
122
Syria called upon the Security Council to act immediately
in order to stop a permanent member from continuing to commit acts of
aggression and crimes against a sovereign State and a founding Member of
the United Nations, and to prevent the recurrence of such acts.
123
In respond-
ing specically to the United Statesletter dated 27 February 2021, Syria stated
that it rejected the United States selective interpretation of Article 51, one that
distorts the meaning and expands the scope of that Article:
Syria would like to point out that Article 51 was drafted with deliberate care
and includes restrictions that must be respected, in order to ensure that its pro-
visions are not manipulated, misconstrued or interpreted in an overly broad
manner and exploited to carry out acts of aggression under the pretext of
self-defence, as that would spread chaos and ignite wars around the world.
In addition, it should be remembered that Iraq has denied that the American
airstrike was carried out in collaboration or coordination with it. That denial
clearly refutes the claims made by the Permanent Representative of the United
States that her country had carried out its attack in response to a request for
assistance in addressing the terrorist threat posed by certain militias.
124
118
Ibid; on the United Stateslegal justication for the 25 February 2021 targeted military strike in eastern
Syria, see also, United States, Department of State, Secretary Antony J. Blinken at a Press Availability
(26 February 2021) www.state.gov/secretary-antony-j-blinken-at-a-press-availability-2/ and The White
House, A Letter to the Speaker of the House and President pro tempore of the Senate Consistent with
the War Powers Resolution(27 February 2021) www.whitehouse.gov/brieng-room/statements-
releases/2021/02/27/a-letter-to-the-speaker-of-the-house-and-president-pro-tempore-of-the-senate-
consistent-with-the-war-powers-resolution/.
119
United States, Department of State, A Foreign Policy for the American People(3 March 2021) www.
state.gov/a-foreign-policy-for-the-american-people/.
120
United States, Department of State, Secretary Antony J. Blinken with Judy Woodruof PBS NewsHour
(3 March 2021) www.state.gov/secretary-antony-j-blinken-with-judy-woodru-of-pbs-newshour/.
121
Identical letters dated 26 February 2021 from the Permanent Representative of the Syrian Arab
Republic to the United Nations addressed to the Secretary-General and the President of the Security
Council, UN Doc S/2021/197 (3 March 2021).
122
Ibid.
123
Ibid,2.
124
Identical letters dated 4 March 2021 from the Permanent Representative of the Syrian Arab Republic
to the United Nations addressed to the Secretary-General and the President of the Security Council, UN
Doc S/2021/223 (15 March 2021) 12.
JOURNAL ON THE USE OF FORCE AND INTERNATIONAL LAW 361
Syria accused certain Governmentsof exploiting Article 51, through
expanded and distorted interpretations, in order to establish an international
coalition, without the approval of the Security Council or the party con-
cerned, namely, the Syrian Government:
The illegal conduct of those States and their manipulation of the Charter has
made it possible for the Turkish regime to cite Article 51 as a basis for commit-
ting acts of aggression in the territory of the Syrian Arab Republic in support of
terrorist organizations, including ISIL and the Levant Liberation Organization
(Nusrah Front)
125
Syria called upon the United States and its allies to end their occupation of
parts of Syrian territory, halt acts of aggression, and desist from oering
incorrect interpretations of Article 51 of the Charter.
126
Syria reiterated
that it would not hesitate to exercise its right to defend its territory, people
and sovereignty.
127
Russia strongly condemned the United Statesairstrike in Syria, whilst
sceptically mentioning that the United StatesDefence Secretary, Lloyd
Austin, had stressed that the choice of target for retaliation was based on irre-
futable intelligence.
128
During a Security Council meeting on 15 March 2021,
the representative of China noted that some countries have recently carried
out air strikes and missile launches against Syriaand called upon all parties
concerned to respect Syrias sovereignty, independence and territorial
integrity.
129
27 June 2021: targeted strikes against facilities in Syria and Iraq
On 27 June 2021, according to the White House, United States forces con-
ducted targeted strikes against facilities at two locations in Syria and one
location in Iraq, which were allegedly being used by Iran-backed militia
groups that had allegedly been involved in attacks against United States per-
sonnel and facilities in Iraq.
130
The President of the United States, Joe Biden,
announced that he had ordered the strikes in response to an ongoing series of
attacks and to deter the Islamic Republic of Iran and Iran-backed militia
groups from conducting or supporting further attacks on United States
125
Ibid,2.
126
Ibid.
127
Ibid,3.
128
Russia, Ministry of Foreign Aairs, Brieng by Foreign Ministry Spokeswoman Maria Zakharova,
Moscow, February 26, 2021(26 February 2021) www.mid.ru/en/foreign_policy/news/-/asset_
publisher/cKNonkJE02Bw/content/id/4601052.
129
President of the Security Council, Letter dated 17 March 2021 from the President of the Security
Council addressed to the Secretary-General and the Permanent Representatives of the members of
the Security Council, UN Doc S/2021/265 (18 March 2021) 9 (China).
130
The White House, Letter to the Speaker of the House and the President Pro Tempore of the Senate
Consistent with the War Powers Resolution (Public Law 93-148)(29 June 2021) www.whitehouse.gov/
brieng-room/presidential-actions/2021/06/29/letter-to-the-speaker-of-the-house-and-the-president-
pro-tempore-of-the-senate-consistent-with-the-war-powers-resolution-public-law-93-148/.
362 P. M. BUTCHARD AND J. J. NESSA
personnel and facilities.
131
The President justied the strikes as measures
taken in exercise of the United Statesinherent right of self-defence as
reected in Article 51 of the United Nations Charter and warned that the
United States stood ready to take further action, as necessary and appropri-
ate, to address further threats or attacks.
132
During a press brieng, the day after the 27 June 2021 strikes, the United
StatesSecretary of State, Anthony Blinken, explained that the strikes, target-
ing facilities used by Iranian-backed militia groups, were designed to limit
the risk of escalation but also to send a clear and unambiguous deterrent
message:
This action in self-defense to do whats necessary to prevent further attacks, I
think, sends a very important and strong message. And I hope very much that
it is received by those who are intended to receive it.
133
In a letter dated 29 June 2021 to the Security Council, the United States
reported to the Council that it had conducted strikes against facilities in
Syria and Iraq in the exercise of its inherent right of self-defence, as
reected in Article 51 of the Charter, adding:
This letter supplements prior letters provided to the Council, including on 27
February 2021, which further explain the basis for such actions in self-defense
against these ongoing attacks. These militia attacks have escalated in recent
months.
134
Syria-Israel: Dispute Over the Golan Heights and Alleged Attacks by
Israel Against Syria
Dispute over the Golan heights
Syria informed the Security Council, in a letter dated 12 January 2021, that
Israel had allegedly begun to erect new temporary buildings in the Trump
Heights settlement, which was being built on the site of the demolished
Syrian village of Qanabah in the occupied Syrian Golan.
135
Syria called
upon the Security Council to compel Israel to cease its illegal settlement pol-
icies and to withdraw from the entire occupied Syrian Golan to the line of 4
June 1967.
136
131
Ibid.
132
Ibid.
133
United States, Department of State, Secretary Antony J. Blinken And Italian Foreign Minister Luigi Di
Maio At a Joint Press Availability(28 June 2021) www.state.gov/secretary-antony-j-blinken-and-
italian-foreign-minister-luigi-di-maio-at-a-joint-press-availability/.
134
Letter dated 29 June 2021 from the Permanent Representative of the United States of America to the
United Nations addressed to the President of the Security Council, UN Doc S/2021/614 (30 June 2021).
135
Identical letters dated 12 January 2021 from the Permanent Representative of the Syrian Arab Repub-
lic to the United Nations addressed to the Secretary-General and the President of the Security Council,
UN Doc S/2021/36 (15 January 2021).
136
Ibid,2.
JOURNAL ON THE USE OF FORCE AND INTERNATIONAL LAW 363
In a further letter to the Security Council, dated 9 February 2021, Syria
accused Israeli Prime Minister, Benjamin Netanyahu, of publishing
another inammatory statement concerning the occupied Syrian Golan,
in which it said that the Golan Heights will forever remain part of the
State of Israel.
137
Syria said it was lamentable that:
[A]lthough nearly 54 years have passed since Israel occupied the Syrian Golan
in June 1967, the Security Council remains incapable of fullling its responsi-
bility to put an end to the Israeli occupation, which poses a threat to regional
and international peace and security, and hold the Israeli authorities accoun-
table for their crimes, owing to the immunity and support that the Govern-
ments of certain Western States that are permanent members of the Security
Council, most notably the United States of America, give to Israel
138
Alleged attacks by Israel against Syria
In January,
139
February,
140
March,
141
April,
142
May
143
and June,
144
Syria
repeatedly wrote to the Security Council concerning numerous alleged
attacks by Israel against Syria and called upon the Security Council to
full its responsibility under the Charter, namely, the maintenance of inter-
national peace and security. In response to a specic alleged Israeli attack on
22 January 2021, Syria explicitly rearmed its legitimate right to defend its
territorial integrity and sovereignty and to protect its citizens from such
137
Identical letters dated 19 February 2021 from the Chargé daaires a.i. of the Permanent Mission of the
Syrian Arab Republic to the United Nations addressed to the Secretary-General, the President of the
General Assembly and the President of the Security Council, UN Doc A/75/774-S/2021/164 (23 February
2021).
138
Ibid.
139
Identical letters dated 7 January 2021 from the Permanent Representative of the Syrian Arab Republic
to the United Nations addressed to the Secretary-General and the President of the Security Council, UN
Doc S/2021/23 (11 January 2021); Syria, Identical letters dated 13 January 2021 from the Permanent
Representative of the Syrian Arab Republic to the United Nations addressed to the Secretary-
General and the President of the Security Council, UN Doc S/2021/46 (15 January 2021).
140
Identical letters dated 4 February 2021 from the Permanent Representative of the Syrian Arab Repub-
lic to the United Nations addressed to the Secretary-General and the President of the Security Council,
UN Doc S/2021/111 (9 February 2021); Syria, Identical letters dated 15 February 2021 from the Chargé
daaires a.i. of the Permanent Mission of the Syrian Arab Republic to the United Nations addressed to
the Secretary-General and the President of the Security Council, UN Doc S/2021/144 (17 February
2021).
141
Identical letters dated 17 March 2021 from the Permanent Representative of the Syrian Arab Republic
to the United Nations addressed to the Secretary-General and the President of the Security Council, UN
Doc S/2021/271 (22 March 2021).
142
Identical letters dated 8 April 2021 from the Permanent Representative of the Syrian Arab Republic to
the United Nations addressed to the Secretary-General and the President of the Security Council, UN
Doc S/2021/341 (12 April 2021).
143
Identical letters, 11 May 2021, from the Syrian Arab Republic addressed to the Secretary-General and
the President of the Security Council, UN Doc S/2021/453 (14 May 2021); Syria, Identical letters dated
31 May 2021 from the Permanent Representative of the Syrian Arab Republic to the United Nations
addressed to the Secretary-General and the President of the Security Council, UN Doc S/2021/522
(4 June 2021).
144
Identical letters dated 9 June 2021 from the Permanent Representative of the Syrian Arab Republic to
the United Nations addressed to the Secretary-General and the President of the Security Council, UN
Doc S/2021/545 (11 June 2021).
364 P. M. BUTCHARD AND J. J. NESSA
attacks by all legitimate means available to it, in accordance with inter-
national norms and conventions.
145
Again, in letters dated 4 March
2021
146
and 22 April 2021,
147
Syria reiterated that it will not hesitate to exer-
cise its right to defend its territory, people and sovereignty by all the means
sanctioned under the Charter and international law.
Iran, Russia and Turkey adopted a Joint Statement following a meeting
held on 16 and 17 February 2021 condemning the
continuing Israeli military attacks in Syria in violation of the international law
and international humanitarian law and undermining the sovereignty of Syria
and neighboring countries as well as endangering the stability and security in
the region and called for cessation of them.
148
IraqTurkey: Turkeys claim of Self-defence
In a letter dated 13 January 2021, Iraq reported alleged violations of Iraqi ter-
ritory committed by Turkey between 30 September 2020 and 7 January
2021.
149
Turkey refuted the allegations and emphasised that in the
absence of Iraqs ability to deal with the presence of terrorist organizations
in its own territory, Turkey is obliged to take appropriate measures against
terrorist threats to its security emanating from Iraq.
150
Turkey also stated
that any criticism of Turkey for exercising its inherent right to self-
defence, as outlined in Article 51 of the Charter of the United Nations, is
unacceptable.
151
In a letter dated 6 May 2021, Iraq provided a summary of violations of
Iraqi territory and airspace committed by Turkey and of correspondence
relating to action taken during the period between 7 January and 4 April
2021.
152
145
Identical letters dated 22 January 2021 from the Permanent Representative of the Syrian Arab Repub-
lic to the United Nations addressed to the Secretary-General and the President of the Security Council,
UN Doc S/2021/73 (25 January 2021).
146
Identical letters dated 2 March 2021 from the Permanent Representative of the Syrian Arab Republic
to the United Nations addressed to the Secretary-General and the President of the Security Council, UN
Doc S/2021/210 (4 March 2021) 2.
147
Identical letters dated 22 April 2021 from the Permanent Representative of the Syrian Arab Republic to
the United Nations addressed to the Secretary-General and the President of the Security Council, UN
Doc S/2021/391 (26 April 2021) 2.
148
Letter dated 22 February 2021 from the Permanent Representatives of the Islamic Republic of Iran, the
Russian Federation and Turkey to the United Nations addressed to the President of the Security
Council, UN Doc S/2021/170 (23 February 2021) 2.
149
Identical letters dated 13 January 2021 from the Permanent Representative of Iraq to the United
Nations addressed to the Secretary-General and the President of the Security Council, UN Doc S/
2021/57 (18 January 2021).
150
Letter dated 26 January 2021 from the Permanent Representative of Turkey to the United Nations
addressed to the President of the Security Council, UN Doc S/2021/83 (26 January 2021).
151
Ibid.
152
Identical letters dated 6 May 2021 from the Permanent Representative of Iraq to the United Nations
addressed to the Secretary-General and the President of the Security Council, UN Doc S/2021/448 (11
May 2021).
JOURNAL ON THE USE OF FORCE AND INTERNATIONAL LAW 365
IsraelIran
Escalation of threats
During this reporting period, Israel repeatedly accused Iran of supporting
terrorist organisations and warned that Israel would do everything possible
to ght the Iranian threat.
153
Further, on numerous occasions, Israel declared
that it would not allow Iran to manufacture or acquire nuclear weapons.
154
In a letter dated 12 January 2021, Israel accused Iran of having direct invol-
vement in illicit arms proliferation, State terrorism and regional destabiliza-
tionand called upon the UN Security Council to respond to the threat to
international peace and security posed by the Iranian nuclear programme.
155
Israel reminded the UN Security Council that it would take all necessary
measures to protect its citizens and its sovereignty.
156
Iran dismissed
Israels accusations as baseless allegationsand accused Israel of making con-
tinued threats against Iran:
Recalling the continued threats by the Israeli regime against my country,
including the recent provocative statement by the Defense Minister of that
regime to have a military option on the table, which are in clear breach of
Article 2 (4) of the Charter of the United Nations, the Security Council
must compel that regime to put an end to such unlawful threats and stop all
its military adventurism and destabilizing policies and practices in the
region.
157
Iran continued with the following warning:
153
Israel, Ministry of Foreign Aairs, President Rivlin meets with the President and the Chancellor of
Austria(17 March 2021) www.mfa.gov.il/MFA/PressRoom/2021/Pages/President-Rivlin-meets-with-
the-President-and-the-Chancellor-of-Austria-17-March-2021.aspx; Israel, Ministry of Foreign Aairs,
PM Netanyahu meets with US Secretary of Defense Lloyd Austin(12 April 2021) www.mfa.gov.il/
MFA/PressRoom/2021/Pages/PM-Netanyahu-meets-with-US-Secretary-of-Defense-Lloyd-Austin-12-
April-2021.aspx; Israel, Ministry of Foreign Aairs, PM Netanyahu meets with Czech FM Kulhanek and
with Slovak FM Korcok(20 May 2021) www.mfa.gov.il/MFA/PressRoom/2021/Pages/PM-Netanyahu-
meets-with-Czech-FM-Kulhanek-and-with-Slovak-FM-Korcok-20-May-2021.aspx; Israel, Ministry of
Foreign Aairs, PM Netanyahu Meets with German FM Maas(20 May 2021) www.mfa.gov.il/MFA/
PressRoom/2021/Pages/PM-Netanyahu-meets-with-German-FM-Maas-20-May-2021.aspx; Israel, Minis-
try of Foreign Aairs, President Rivlin meets with ambassadors to the United Nations(29 June 2021)
www.mfa.gov.il/MFA/PressRoom/2021/Pages/President-Rivlin-meets-with-ambassadors-to-the-
United-Nations-29-June-2021.aspx.
154
Israel, Ministry of Foreign Aairs, PM Netanyahu on Iranian decision(4 January 2021) www.fa.gov.il/
MFA/PressRoom/2021/Pages/PM-Netanyahu-on-Iranian-decision-4-January-2021.aspx; Israel, Ministry
of Foreign Aairs, Uranium Enrichment to 20% is a Red Line that Requires a Decisive Response(4
January 2021) www.mfa.gov.il/MFA/PressRoom/2021/Pages/Iranian-uranium-enrichment-requires-a-
decisive-response-4-January-2020.aspx; Israel, Ministry of Foreign Aairs, PM Netanyahus Remarks
at the Start of the Cabinet Meeting(4 January 2021) www.mfa.gov.il/MFA/PressRoom/2021/Pages/
PM-Netanyahu-s-remarks-at-the-start-of-the-Cabinet-meeting-4-January-2021.aspx.
155
Identical letters dated 12 January 2021 from the Permanent Representative of Israel to the United
Nations addressed to the Secretary-General and the President of the Security Council, UN Doc S/
2021/33 (12 January 2021).
156
Ibid.
157
Letter dated 22 January 2021 from the Permanent Representative of the Islamic Republic of Iran to the
United Nations addressed to the Secretary-General and the President of the Security Council, UN Doc S/
2021/72 (22 January 2021).
366 P. M. BUTCHARD AND J. J. NESSA
[I]n conformity with its inherent right to self-defence, the Islamic Republic of
Iran is determined to protect its people and vital interests, and to respond deci-
sively to any threat or use of force against its security, sovereignty and territor-
ial integrity.
158
During a Security Council meeting on 26 January 2021, Iran accused Israel of
making unsubstantiated and fabricated claims about Irans nuclear pro-
gramme and cautioned that Iran reserved its inherent right to self-defence
and to vigorously respond to any threat.
159
In a letter to the Security
Council, dated 1 February 2021, Iran accused Israel of intensifying its pro-
vocative and warmongering statementsand actively planning to act upon its
belligerent threats:
The latest example of such threats is the statement of the Chief of General Sta
of the Israel Defense Forces, on 26 January 2021, in which, in addition to
making certain unsubstantiated allegations about Irans peaceful nuclear pro-
gramme, he said that he has instructed the Israel Defense Forces to prepare a
number of operational plans, in addition to those already in placeagainst Iran
in order to develop them over the next yearas such plans must be on the
table. These threats are in gross violation of Article 2 (4) of the Charter of
the United Nations and, given the dark history of this regime in attacking
regional countries, necessitate an appropriate response from the international
community.
160
Iran warned against any military adventurism of the Israeli regimeand cau-
tioned that it would reserve its inherent right of self-defence to respond to
any threat or wrongful act perpetrated by Israel.
161
Israel, on the other hand, warned that it would do everything to prevent
Iran from arming itself with nuclear weapons
162
and that Israel reserved the
right to defend itself against any attempt to harm its sovereignty or citizens
by a regime allegedly committed to its destruction.
163
158
Ibid,2.
159
President of the Security Council, Letter dated 28 January 2021 from the President of the Security
Council addressed to the Secretary-General and the Permanent Representatives of the members of
the Security Council, UN Doc S/2021/91 (3 February 2021) 74 (Iran).
160
Letter dated 1 February 2021 from the Permanent Representative of the Islamic Republic of Iran to the
United Nations addressed to the President of the Security Council, UN Doc S/2021/103 (2 February
2021).
161
Ibid.
162
Israel, Ministry of Foreign Aairs, Excerpt from PM Netanyahus Remarks at Tel Hai(23 February 2021)
www.mfa.gov.il/MFA/PressRoom/2021/Pages/Excerpt-from-PM-Netanyahu-s-remarks-at-Tel-Hai-23-
February-2021.aspx; Israel, Ministry of Foreign Aairs, Excerpt from PM Netanyahus Remarks at the
Swearing-in Ceremony for the New Director of the Mossad(1 June 2021) www.mfa.gov.il/MFA/
PressRoom/2021/Pages/PM-Netanyahu-s-remarks-at-the-swearing-in-ceremony-for-the-new-director-
of-the-Mossad-1-June-2021.aspx.
163
Israel, Ministry of Foreign Aairs, FM Ashkenazi Attends Quadrilateral Strategic-Regional Meeting of
Foreign Ministers in Cyprus(16 April 2021) www.mfa.gov.il/MFA/PressRoom/2021/Pages/FM-
Ashkenazi-attends-quadrilateral-strategic-regional-meeting-of-foreign-ministers-16-April-2021.aspx;
Israel, Ministry of Foreign Aairs, PM Netanyahu Meets with US Secretary of State Antony Blinken(25
May 2021) www.mfa.gov.il/MFA/PressRoom/2021/Pages/PM-Netanyahu-meets-with-US-Secretary-of-
State-Blinken-25-May-2021.aspx.
JOURNAL ON THE USE OF FORCE AND INTERNATIONAL LAW 367
Israel wrote to the Security Council, in a letter dated 7 April, with its
utmost concernregarding the ongoing Iranian ballistic missile programme,
which continues to threaten not only the stability of the Middle East but also
poses possibly the greatest threat to peace and security in the world today.
164
Israel reminded the Council that it would take all measures necessary to
protect its citizens and its sovereignty.
165
Iran responded by maintaining
that it would continue its ballistic missile activities, as it was part of its
inherent right to do so under international law and that such activities
were necessary for defending itself.
166
Alleged Gulf of Oman incident
In a letter dated 2 March 2021 to the Security Council, Israel claimed that, on
25 February 2021, an Israeli-owned cargo vessel was attacked by Irans
Islamic Revolutionary Guard Corp (IRGC) in international waters near the
Gulf of Oman.
167
Israel warned that it would take all necessary measures
to protect its citizens and its sovereignty.
168
Iran rejected Israels claims as
unfounded allegations:
The incident referred to in that letter has all the characteristics of a compli-
cated false ag operation by actors in order to pursue their malign policies
and to advance their illegitimate objectives.
169
Natanz Fuel enrichment plant incident
Iran reported to the Security Council, on 11 April 2021, that an alleged sabo-
tage had caused a blackout at its nuclear facility, Natanz Fuel Enrichment
Plant.
170
Although Iran stated that it would refrain from any nal judgment
as to the culprit while a thorough investigation of the sabotage and its per-
petrators is under way, Iran did suggest that Israel was behind the attack:
Recalling the long record of the Israeli regime in sabotage operations against
our peaceful nuclear activities including the cowardly assassination of
several Iranian nuclear and other scientists in the past years (see A/65/622-
164
Identical letters dated 7 April 2021 from the Permanent Representative of Israel to the United Nations
addressed to the Secretary-General and the President of the Security Council, UN Doc S/2021/338 (8
April 2021).
165
Ibid,2.
166
Letter dated 14 April 2021 from the Permanent Representative of the Islamic Republic of Iran to the
United Nations addressed to the Secretary-General, UN Doc S/2021/361 (14 April 2021).
167
Identical letters dated 2 March 2021 from the Permanent Representative of Israel to the United
Nations addressed to the Secretary-General and the President of the Security Council, UN Doc S/
2021/213 (2 March 2021).
168
Ibid.
169
Letter dated 4 March 2021 from the Permanent Representative of the Islamic Republic of Iran to the
United Nations addressed to the Secretary-General, UN Doc S/2021/221 (4 March 2021).
170
Letter dated 12 April 2021 from the Permanent Representative of the Islamic Republic of Iran to the
United Nations addressed to the Secretary-General and the President of the Security Council, UN Doc
A/75/852-S/2021/347 (13 April 2021).
368 P. M. BUTCHARD AND J. J. NESSA
S/2010/634, A/66/656-S/2012/27 and S/2020/1148), as well as the joint United
States-Israeli cyberoperation against Irans nuclear facilities through the use of
a malicious computer worm known as Stuxnet the international community
must strongly condemn this act of nuclear terrorism and hold the culprits and
their accomplices accountable for the act, one that threatens to further desta-
bilize our already tense region.
171
Iran warned that it reserved its right under international law to take all
necessary measures to protect and defend its citizens, interests and installa-
tions against any terrorist or disruptive acts