Legality of Israel’s Attack in Yemen Under International Law

Posted on by guulr in Uncategorized

Arjun Kapur is a fourth-year student at the Maharashtra National Law University in Mumbai,

Tel Aviv’s bombing of a vital Yemeni port in retribution for an earlier militant drone strike has sparked a significant debate regarding the complex interplay of International Humanitarian Law (IHL) and the principles governing armed conflict. This piece aims to dissect these issues and comprehensively understand the legal frameworks involved.

Background and Context

The Houthis, an Iran-backed Islamist group in Yemen, emerged in the 1990s as a religious revival movement for Zaidism. They control most of northern Yemen and seek a permanent peace agreement with Saudi Arabia. Armed and trained by Iran, the Houthis have targeted Red Sea shipping and Israeli civilians and infrastructure in response to Israel’s military actions in Gaza. The United States and the United Kingdom have conducted strikes on Houthi targets, while Israel has intercepted Houthi drones and missiles with the help of U.S. Central Command.

The recent drone attack on Tel Aviv, Israel’s commercial hub, marked the first time the Houthis have targeted the city. Israeli authorities are investigating the incident and potential security lapses. According to IDF spokesman Daniel Hagari, the drone is suspected to be an Iranian-made Samad-3 model, launched from Yemen and upgraded to extend its range.1 A second drone was intercepted east of Israeli airspace concurrently with the attack. In response, Israel is enhancing its air defenses and ramping up aerial border patrols.

The strikes came after a drone attack on the Israeli city of Tel Aviv on Friday killed one person and wounded ten more.2 A drone launched by the Yemeni group hit a building in central Tel Aviv located about one hundred meters (three hundred thirty feet) away from a United States Embassy branch office. The attack was claimed by the Houthis and led to a senior Israeli Government minister vowing to “settle the score.”3

Analysts suggest that Israel’s recent actions are intended to signal to both the US and the international community that there will be consequences for such provocations.4 Israel and the Houthis will likely remain key players in the region’s complex geopolitical landscape. Increased diplomatic efforts and potential ceasefire negotiations may shape future engagements. The international community’s role in mediating peace and ensuring compliance with IHL will be crucial to mitigate further humanitarian crises.

Principles of IHL 

The principle of distinction requires parties to a conflict to always distinguish between combatants and non-combatants.5 The targeting of combatants and military objectives is permissible, but attacks on civilians or civilian infrastructure are strictly prohibited. The Israeli military claimed that it hit “military targets,” but reports state that the strikes did extensive damage to oil facilities, fuel tanks, and the port’s wharf and cranes, all of which are critical to supplying the civilian population in north Yemen with much-needed fuel and food.6

Houthi authorities say that the strikes killed at least three people and wounded eighty-seven.7 The group also said that the strikes knocked out the central power station, which provided power to the entire city. Israeli forces clearly attacked “vital civilian infrastructure” at the port of Hodeidah in response to a Houthi drone strike in Tel Aviv, thereby violating the principle of distinction expected from a sovereign state such as Israel during the conflict.8 

The principle of proportionality prohibits attacks that may cause incidental loss of civilian life, injury to civilians, or damage to civilian objects that would be excessive in relation to the concrete and direct military advantage anticipated.9 The proportionality of Israel’s attack in Yemen must be scrutinized to ensure compliance with this principle. In these attacks, Israel targeted areas believed to be used by Houthi rebels for military purposes. However, the collateral damage was substantial.10 Reports indicate that the strikes resulted in over eighty civilian casualties, including women and children, and the destruction of critical civilian infrastructure such as hospitals and schools. This destruction and loss of life is considered disproportionate to the military advantage gained from these operations​.

The principle of necessity allows for measures necessary to achieve a legitimate military objective.11 Any military action taken must be essential for achieving a military goal and should not be arbitrary or excessive. Yemen researcher Nick Brumfield commented on the Israelis’ choice of targets: “The Israeli attack on Hudaydah’s oil storage was not an example of the Houthis hiding weapons in civilian infrastructure and it getting bombed. As best as I can tell, this is Israel purposefully targeting vital civilian infrastructure in and of itself.”12 Further, Hodeidah is also the port used to convey much of the humanitarian assistance that Yemeni people need to avert a hunger crisis caused by the decade-long war in Yemen.13

The Legality of Self-Defense

Article 51 of the UN Charter acknowledges the right of self-defense if an armed attack occurs.14 The Israeli attacks in Yemen have been widely criticized as violations of the principle of self-defense under international law. However, this right is subject to strict conditions, including necessity and proportionality, which Israel’s actions have been argued to violate.

The Caroline doctrine dates back to the 19th century.15 It is often cited stipulating that the necessity of self-defense must be “instant, overwhelming, and leaving no choice of means, and no moment for deliberation.” Israel’s justification hinges on demonstrating that the threat posed by the Houthi rebels was imminent and that the strike was necessary to avert it. The response’s credibility and immediacy are crucial factors in determining the illegality of Israel’s actions under the doctrine.

Conclusion 

It appears that Israel violated the standards of difference, proportionality, and necessity with its strikes, which caused major civilian fatalities and damage to critical infrastructure. These infractions cast doubt on the legitimacy of the military actions since they don’t appear to satisfy the requirements for a legitimate military reaction under the UN Charter or CIHL. These issues are made worse by deliberately targeting vital civilian infrastructure, such as power plants and gasoline storage facilities, that are necessary for humanitarian assistance.

Furthermore, Israel’s actions fall short of the high legal standard set by the Caroline doctrine, which has strict requirements for the necessity and immediacy of self-defense. The strike’s validity as a necessary and proportionate reaction is questioned due to the lack of a clear, immediate, and overwhelming threat. To preserve the integrity of the international legal system governing armed conflict, the international community must hold those responsible for violations of these principles accountable, regardless of the parties involved.

  1.  Tanno, S. (2024) Israel strikes Yemen for the first time following deadly Houthi drone attack. here’s what we know, CNN. Available at: https://edition.cnn.com/2024/07/21/middleeast/israel-strikes-houthi-rebels-explainer-intl/index.html  (Accessed: 11 February 2025). ↩︎
  2. Al Jazeera (2024) Drone attack on Israel’s Tel Aviv leaves one dead, at least 10 injured, Al Jazeera. Available at: https://www.aljazeera.com/news/2024/7/19/drone-attack-on-israels-tel-aviv-leaves-one-dead-at-least-10-injured  (Accessed: 11 February 2025). ↩︎
  3.  Cordall, S.S. and Salhani, J. (2024) Houthi drone strikes Tel Aviv: How significant is the attack?, Al Jazeera. Available at: https://www.aljazeera.com/news/2024/7/19/houthi-drone-strikes-tel-aviv-how-significant-is-the-attack  (Accessed: 11 February 2025). ↩︎
  4.  Shakir, O. (2023) A threshold crossed, Human Rights Watch. Available at: https://www.hrw.org/report/2021/04/27/threshold-crossed/israeli-authorities-and-crimes-apartheid-and-persecution  (Accessed: 11 February 2025). 
    ↩︎
  5. Distinction | How does law protect in war? – Online casebook. Available at: https://casebook.icrc.org/a_to_z/glossary/distinction  (Accessed: 11 February 2025). ↩︎
  6.  Shotter, J. (2024) Israeli jets hit Houthi targets in Yemen in response to drone attack, Subscribe to read. Available at: https://www.ft.com/content/dc91c91f-f7ab-45f8-8762-4a9ba1828cf7  (Accessed: 11 February 2025). ↩︎
  7. Poole, T., Humayun, H. and Raine, A. (2024) At least 6 killed, Houthis say, as Israeli airstrikes hit Yemen day after Tel Aviv drone attack, CNN. Available at: https://www.cnn.com/2024/07/20/middleeast/yemen-israel-strikes-hodeidah-intl/index.html  (Accessed: 11 February 2025). 
    ↩︎
  8. Larison, D. et al. (2024) Houthis only emboldened by Israeli attacks, Responsible Statecraft. Available at: https://responsiblestatecraft.org/houthis-israeli-attacks/  (Accessed: 11 February 2025). ↩︎
  9.  The Practical Guide to Humanitarian Law (no date) Doctors without borders | The Practical Guide to Humanitarian Law. Available at: https://guide-humanitarian-law.org/content/article/3/proportionality/  (Accessed: 11 February 2025). ↩︎
  10. Adams, T.S. and P. (2024) Israel strikes Houthi targets in Yemen after drone attack on Tel Aviv, BBC News. Available at: https://www.bbc.com/news/articles/c3g68g11445o  (Accessed: 11 February 2025). ↩︎
  11. The Practical Guide to Humanitarian Law (no date a) Doctors without borders | The Practical Guide to Humanitarian Law. Available at: https://guide-humanitarian-law.org/content/article/3/military-necessity/  (Accessed: 11 February 2025). 
    ↩︎
  12. Nick Brumfield (@nickjbrumfield.bsky.social) (no date) Bluesky Social. Available at: https://bsky.app/profile/nickjbrumfield.bsky.social/post/3kxqgczfua226  (Accessed: 11 February 2025). 
    ↩︎
  13. Motamedi, M. (2024) Everything to know about Israeli and Houthi attacks amid war on Gaza, Al Jazeera. Available at: https://www.aljazeera.com/news/2024/7/21/everything-to-know-about-israeli-and-houthi-attacks-amid-war-on-gaza  (Accessed: 11 February 2025). ↩︎
  14.  U.N. Charter art. 51. ↩︎
  15.  “The Caroline Affair,” Lawfare), https://www.lawfaremedia.org/article/caroline-affair (last visited Feb. 11, 2025). ↩︎
Unknown's avatar

Published by guulr

Leave a comment