O assassinato de QASSEM SOLEIMANI e o direito internacional

: análise à luz da norma imperativa da proibição da ameaça ou do uso da força

Abstract

Under General International Law, the prohibition of the use of force (Article 2(4) of the UN Charter) is a solid jus cogens norm, which has been under severe attack for a long time, especially concerning the exceptions established under Article 51 of the UN Charter. Attempts to change this legal framework reached a new and shocking threshold on January 3rd, 2020, when the TRUMP Administration undertook the strategic decision to kill a top member of the Iranian government, QASSEM SOLEIMANI, in the territory of Iraq, by means of a pre-emptive application of the targeted killings methodology through an armed drone. This represented an unprecedented action that was surprisingly met by the sound of the silence of most States: tacit acquiescence or objection? Lack of interest or fear and reluctance? After several efforts to justify its decision, from imminence to the accumulation of events doctrine, the US fell into a legal void that resulted in its attack being regarded as an armed reprisal. However, Iran followed suit the U.S in this fall, with this crossroads meaning that Iraq would have its sovereignty violated, twice. Retaliatory actions do not fit into the jus ad bellum framework and this case perfectly shows how indiscriminate attempts of expansion of the right of self-defence can ultimately amount to an abuse of state power.

Date of Award	16 Jun 2021
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	José Azeredo Lopes (Supervisor)