Iran’s right to claim compensation from Arab states under Article 16
By Asgar Ghahremanpour
Editor-in-chief
From the perspective of general international law, the attacks carried out by the United States and Israel against the territory of the Islamic Republic of Iran—particularly those launched through military bases located in certain Arab states—constitute an internationally wrongful act within the terms of the Charter of the United Nations and international humanitarian law. This assessment is not merely theoretical, but is grounded in the explicit positions and condemnations of authoritative international legal bodies.
The International Commission of Jurists has characterized the United States and Israeli attacks as “unlawful attacks” in violation of the United Nations Charter, and has specifically regarded the strike on the school in Minab and the killing of children as a clear breach of international law. In parallel, the Articles on Responsibility of States for Internationally Wrongful Acts, as adopted by the International Law Commission, affirm unequivocally that any internationally wrongful act of a State entails international responsibility.
On this basis, the countermeasures undertaken by the Islamic Republic of Iran in response to these attacks fall within the framework of the inherent right of self-defense, as enshrined in Article 51 of the UN Charter, as well as Article 21 of the Articles on State Responsibility. Article 21 explicitly provides that the wrongfulness of an act is precluded if it constitutes a lawful measure of self-defense in accordance with the Charter. Accordingly, Iran’s military response against bases from which attacks against its territory were launched is legally justified under international law.
However, the central issue addressed in this op-ed concerns Iran’s right to claim compensation from Arab States hosting these military bases. In this regard, the primary legal basis is Article 16 of the Articles on State Responsibility, which provides that a State which knowingly aids or assists another State in the commission of an internationally wrongful act is itself internationally responsible.
The provision of territory, airspace, military infrastructure, radar systems, and logistical support enabling attacks against Iran constitutes a clear example of “aid or assistance” stipulated in Article 16. The official commentary of the International Law Commission further confirms that placing a state’s territory at the disposal of another state for the commission of an internationally wrongful act engages the international responsibility of the assisting state.
Accordingly, the responsibility of Arab States is not merely political or moral in nature, but constitutes a direct legal responsibility under customary international law and the codified framework of state responsibility. This responsibility arises from their facilitating role in the commission of attacks against Iran and exists in parallel with the primary responsibility of the United States and Israel.
The significance of this issue is further reinforced by the fact that the attacks in question targeted manifestly civilian objects, including the Minab school. Attacks against educational facilities and the killing of children constitute a clear violation of the principles of distinction and proportionality under international humanitarian law. The condemnation of such attacks by international bodies confirms the unlawfulness of the underlying conduct and consequently strengthens the responsibility of assisting states.
Under Articles 1 and 2 of the Articles on Responsibility of States, international responsibility arises whenever conduct is attributable to a State and constitutes a breach of an international obligation of that State. In the present case, the conduct of Arab States—through the authorization of the use of military bases—is attributable to them and constitutes a breach of their obligation to respect the principle of the prohibition of the use of force and not rendering assistance in the commission of unlawful acts.
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