ISRAELI–IRANIAN MISSILE TERRITORIAL VIOLATIONS IN THE AIRSPACE OF SYRIA: A REVIEW OF INTERNATIONAL LAW
DOI:
https://doi.org/10.36448/pranatahukum.v20i2.415Keywords:
Airspace, Sovereignty, ResponsibilityAbstract
The armed conflict between Israel and Iran, involving cross-border missile launches through Syrian airspace, presents complex challenges under international law. This study analyzes the legal implications of such violations, focusing on state sovereignty, state responsibility, and the justification of force under Article 51 of the UN Charter. Using a normative juridical method, the research evaluates the effectiveness of international legal instruments such as the UN Charter, the 1944 Chicago Convention, and the Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA) 2001 in addressing modern aerial threats involving third-party states. The findings reveal a legal vacuum regarding the regulation of long-range missiles and armed drones, often exploited by powerful states to avoid accountability. Syria, a neutral state in the Israel-Iran conflict, has suffered civilian casualties and sovereignty violations without effective international legal remedies. Furthermore, the self-defense justifications put forward by both Israel and Iran fail to meet the criteria of necessity and proportionality and infringe upon the principle of non-intervention. The weak response from the international community exacerbated by the UN Security Council’s inaction and ICAO’s limited mandate underscores the urgent need for legal reform. This study advocates for the enhancement of international institutional mandates, the development of additional protocols on aerial warfare, and the ratification of ARSIWA to strengthen legal accountability and protect third-state airspace in armed conflict.
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References
Abeyratne, Ruwantissa. “The High-Level ICAO COVID-19 Conference: A Critical Commentary.” Air and Space Law 47, no. 1 (February 1, 2022): 45–60. https://doi.org/10.54648/AILA2022003.
Azmi -Student, Raihaana, Mohd Zamre, Mohd Zahir, -Senior Lecturer, Ali Hussein, and Abdullah Al-Dulaimi. “Veto Power: A Legal Debate in the United Nations Security Council,” n.d. Accessed June 22, 2025.
BBC Monitoring. “Briefing: Syria Silent as Israel-Iran War Spills into Its Airspace,” June 17, 2025. https://monitoring.bbc.co.uk/product/b00042vl.
Corten, Olivier. “The Law against War - The Prohibition on the Use of Force in Contemporary International Law,” 2010. https://papers.ssrn.com/abstract=2247954.
Dinstein, Yoram. War, Aggression and Self-Defence. 4th ed. Cambridge: Cambridge University Press, 2004. www.cambridge.org.
Drones: The Unregulated and Ungoverned Killing Machines - Syracuse Journal of International Law and Commerce.” Accessed June 21, 2025. https://jilc.syr.edu/2023/09/25/drones-the-unregulated-and-ungoverned-killing-machines/.
Emerging Voices: The Role of Attribution Rules Under the Law of State Responsibility in Classifying Situations of Armed Conflict - Opinio Juris.” Accessed June 21, 2025. https://opiniojuris.org/2015/08/17/emerging-voices-the-role-of-attribution-rules-under-the-law-of-state-responsibility-in-classifying-situations-of-armed-conflict/.
Escalate to De-Escalate? What Options Does Iran Have to End Israel War? | Israel-Iran Conflict News | Al Jazeera.” Accessed June 21, 2025. https://www.aljazeera.com/news/2025/6/19/escalate-deescalate-what-options-iran-end-israel-war.
Franck, Thomas M. “The Power of Legitimacy among Nations,” 1990, 303. https://global.oup.com/academic/product/the-power-of-legitimacy-among-nations-9780195061789.
Gill, Terry D, and Dieter Fleck. “Part II Military Operations within the Context of the UN Collective Security System, Ch. 6 Peace Operations (p . 153) Chapter 6 Peace Operations 6 . 1 Characterization and Legal Basis for Peace Operations,” no. December 2015 (2018). https://global.oup.com/academic/product/the-handbook-of-the-international-law-of-military-operations-9780198744627.
Gray, Christine. International Law and the Use of Force. 4th ed. Oxford University Press, 2019. https://global.oup.com/academic/product/international-law-and-the-use-of-force-9780198808411.
Hadi, Mohammed El, E L Maknouzi, Mohammad Jadalhaq, Mohammed El Hadi, and El Maknouzi. “The Conflict of International Agreements in Air Law: A Reasonable Plea for Conventional Uniform Rules.” University of Bologna Law Review 6, no. 2 (December 27, 2021): 239–60. https://doi.org/10.6092/ISSN.2531-6133/14144.
Himes, Annie, and Brian J Kim. “SELF-DEFENSE ON BEHALF OF NON-STATE ACTORS.” Pa. J. Int’l L 43: 1. Accessed June 21, 2025. https://scholarship.law.upenn.edu/jil/vol43/iss1/5.
I I Convention On International Civil Aviation,” n.d. Accessed June 21, 2025.
Abraham, Johnny. "Normative Law Research Theory and Methodology," 2006. https://lib.ui.ac.id.
Kamijani, Milad Kashi. “Violation of the Airspace of Countries by Unmanned Aerial Vehicles (Drones) from the Perspective of International Law.” Journal of Digital Technologies and Law 2, no. 3 (November 9, 2024): 674–89. https://doi.org/10.21202/JDTL.2024.34.
King, Matthew T. “Sovereignty’s Gray Area: The Delimitation of Air and Space in the Ea: The Delimitation of Air and Space in the Context of Aerospace Vehicles and the Use of Force.” Journal of Air Law and Commerce 81, no. 3 (2016). https://scholar.smu.edu/jalc/vol81/iss3/3http://digitalrepository.smu.edu.
Koloay, Jorry Soleman. “CIVIL-MILITARY COOPERATION IN STRENGTHENING THE NATIONAL AIRSPACE SECURITY SYSTEM.” Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE). Vol. 5, 2022.
Lissitzyn, Oliver J. “The Treatment of Aerial Intruders in Recent Practice and International Law.” American Journal of International Law 47, no. 4 (October 1953): 559–89. https://doi.org/10.2307/2194908.
Mälksoo, Lauri. “International Law between Universality and Regional Fragmentation: The Historical Case of Russia.” Research Handbook on the Theory and History of International Law, Second Edition, January 1, 2020, 373–93. https://doi.org/10.4337/9781788116718.00024.
Nations, United. “United Nations Charter (Full Text) | United Nations.” Accessed June 21, 2025. https://www.un.org/en/about-us/un-charter/full-text.
Non-Intervention (Non-Interference in Domestic Affairs) | The Princeton Encyclopedia of Self-Determination.” Accessed June 21, 2025. https://pesd.princeton.edu/node/551.
Responsibility of States for Internationally Wrongful Acts (2001),” n.d. Accessed June 21, 2025.
RRI.Co.Id - China and Russia push for global governance reforms." Accessed June 22, 2025. https://www.rri.co.id/internasional/1509417/tiongkok-dan-rusia-dorong-reformasi-tata-kelola-global.
Sana. "C Tartus Rif in the House of Madia and the Damages of a Woman Injured by an Unknown Path," June 15, 2025. https://www.sana.sy/?p=2232217.
Saul, Ben, David Mckeever, Ulrich Garms, and Emily Defina. “From Conflict to Complementarity: Reconciling International Counterterrorism Law and International Humanitarian Law.” International Review of the Red Cross 103 (2021): 157–202. https://doi.org/10.1017/S181638312100031X.
Svoboda, Eva, and Emanuela-Chiara Gillard. “Protection of Civilians in Armed Conflict: Bridging the Gap between Law and Reality,” October 7, 2015. https://odi.org/en/publications/protection-of-civilians-in-armed-conflict-bridging-the-gap-between-law-and-reality/.
“Syria – Safe Airspace.” Accessed June 21, 2025. https://safeairspace.net/syria/.
“Syrians Emerging from Dictatorship Bristle at New Threat from Israel - The Washington Post.” Accessed June 22, 2025. https://www.washingtonpost.com/world/2025/02/26/israel-targets-syria-military-positions/?
Vidmar, Jure. “Norm Conflicts and Hierarchy in International Law: Towards a Vertical International Legal System?” Accessed June 21, 2025. http://ssrn.com/abstract=2060300.
What’s behind Syria’s Silence on the Israel-Iran War? | The Jerusalem Post.” Accessed June 22, 2025. https://www.jpost.com/middle-east/article-858397.
Wouters, Jan., Eva Brems, and Pierre Schmitt. Accountability for Human Rights Violations by International Organisations. Edited by Intersentia. Intersentia, 2010. www.intersentia.com.
A woman was injured and a house was damaged in the countryside of Tartous as a result of the explosion of a drone of unknown origin – S A N A." Accessed June 22, 2025. https://www.sana.sy/?p=2232217.
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