The Obligation of Good Faith and the Use of Intelligence in the Context of the Iran Conflict

The World Embassy Desk (WED) has taken note of recent disclosures and testimonies provided by senior officials within the United States intelligence community, including:

• Tulsi Gabbard, who informed Congress that Iran had made no efforts to rebuild its nuclear programme, reflecting the assessment of the U.S. intelligence community;
• Joe Kent, who stated upon his resignation that Iran did not pose an imminent threat to the United States;
• Mark Warner, who acknowledged that claims regarding the absence of an imminent threat were consistent with information presented to Congress.

Taken together, these statements indicate that, at the relevant time, there was no substantiated intelligence basis for the assertion of an imminent threat emanating from the Islamic Republic of Iran.

In light of this, the WED recalls that under the United Nations Charter, Member States are bound by the principle of good faith in the conduct of international relations. This principle constitutes a cornerstone of international law and governs, inter alia, the manner in which States present facts and legal justifications in international fora, including the United Nations Security Council.

The invocation of an imminent threat is of particular legal significance, as it may serve as the basis for claims of self-defence under Article 51 of the Charter. Where such a claim is advanced on the basis of information that is subsequently contradicted by the State’s own intelligence assessments, serious concerns arise as to the integrity and good faith of that representation.

The WED therefore considers that, insofar as the above-mentioned intelligence assessments reflect the factual situation at the time, the reliance on assertions of an imminent threat may constitute a departure from the obligation of good faith, and risks undermining the legal framework governing the use of force.

he WED further emphasises that the preservation of international peace and security depends not only on compliance with the law, but on the honest and responsible invocation of that law.