THE quagmire of Middle East wars that has badly hurt all US presidents since Richard Nixon is now ensnaring a clueless Donald Trump. As plucky Iran alone foils American and Israelis might and war costs rise, the illegality and practical futility of their war bites them hard.

The US says it’s acting pre-emptively under UN self-defence laws, given Iran’s nuclear threat. But UN laws allow pre-emption against attacks imminent in the short run — not distant threats. Iran’s unproven nuclear heft or intent to use it failed the imminence test. Israel says such laws cover its attacks on militants in other states too. But, as the verdicts of the International Court of Justice (ICJ) say, they apply clearly to attacks by states, not militants as the two differ.

State attacks come from across borders, mainly use state resources and are controlled by a state. So, culpability is clear and one-sided and there is a legal right to attack it until the UN is informed, as required, and acts. But attacks often come from one’s own soil and involve citizens who use local resources and aid from foreign-based groups whom the other state may not control. Both states fail to evict the terrorists. An attack by one state on another may go on for days. So,........

© Dawn