Iran’s Missile Path to Israel Requires Neighboring Countries’ Consent

The Islamic Republic of Iran has announced its intention to respond militarily to Israel following the assassination of Ismail Haniyeh, the head of the Hamas political office, in Tehran. A key question arises: Can Iran legally launch missiles and drones over other countries' airspace to target Israel?

In recent years, Iran has conducted military operations targeting various countries in the region, including Iraq, Syria, and Pakistan. Notably, April 13 marked the first time Iran fired missiles and drones directly at Israel from its own territory.

When Iran launched attacks on neighboring countries like Iraq and Pakistan, the missiles and drones did not traverse the airspace of a third country, instead, they were launched directly from Iran to the intended targets. However, in at least two instances, Iranian missiles fired into Syrian territory crossed Iraqi airspace, hitting targets in Syria. This suggests Iran likely obtained prior consent from Iraq, but since these attacks were aimed at positions held by the Islamic State (ISIS), it is possible they proceeded without formal permission from Iraqi authorities.

For the direct attack on Israel, Iranian missiles and drones would have needed to pass through Iraqi airspace and then Jordanian airspace to reach Israeli territory. This implies that Iran would have required permission from both Iraq and Jordan. Generally, countries that allow their airspace to be used for military operations are considered accomplices to the attacking nation, which is why Iran’s neighboring states consistently refuse to let their territory be used for attacks on Iran.

Historically, during World War I, Switzerland, adhering to its neutrality, prevented warring nations' aircraft from crossing its airspace, establishing a precedent for national airspace sovereignty. This sovereignty was upheld even before international laws on airspace were fully defined.

In the case of Iran’s attack on Israel, Iraq’s stance remained ambiguous as the country did not explicitly state whether it permitted Iran. However, Jordan and its allies actively countered the Iranian attack, prompting protests from Iranian authorities. Iranian media, citing "informed sources," warned that Jordan could become a target if it cooperated with Israel in any future actions. Using Jordan's airspace without permission constituted a violation of Jordan’s territorial integrity and national sovereignty, giving Jordan the right to defend its airspace by intercepting unauthorized drones.

Jordan's dissatisfaction with Iran’s actions was evident when its foreign minister summoned the Iranian ambassador following these events. This response underscores that nations possess sovereign control over their airspace, just as they do over their land and waters.

These principles are reinforced by international regulations developed after World War I, which also apply to modern military technology, including drones and missiles. According to Article 8 of the Chicago Convention on Aviation, unmanned aerial vehicles (UAVs) and drones are prohibited from flying over member countries without specific permission. Jordan, Iraq, and Iran are all signatories to this convention.

The recent visit by Jordan’s Foreign Minister to Iran, the first in 11 years, following communications with Iran’s Acting Foreign Minister Ali Bagheri Kani, likely served as a warning regarding the unauthorized use of Jordanian airspace by the IRGC for potential future attacks on Israel.