After Sisi’s statement... 3 legal texts allow Egypt to defend Saudi Arabia

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The statement of Egyptian President Abdel Fattah El-Sisi, today, Saturday, during his speech at the graduation ceremony of new batches from the military academy and colleges, regarding Egypt’s readiness to support the Kingdom of Saudi Arabia in confronting the attacks on it if requested by the Egyptian state, aroused military and legal interest, especially after the Egyptian House of Representatives called for holding an emergency session to grant a mandate that allows the armed forces to move if the need arises, with the aim of defense and not attack.

In this context, military and legal personnel explained the implications of the presidential statements, and the strategic and legal foundations associated with them.

The specialist in Egyptian military and strategic affairs, Major General Staff Ayman Abdel Mohsen, said in exclusive statements to Al Arabiya.net and Al Hadath.net that President Abdel Fattah El Sisi’s speech during the graduation ceremony of new batches from the military academy and colleges, today, Saturday, came in a very precise regional and local context, and carried multiple messages and connotations.

He explained that one of the most prominent of these messages was his thanks and appreciation to the Gulf states, namely the Kingdom of Saudi Arabia, the Emirates, and Kuwait, for their support of the Egyptian state in its crises since 2011, noting that the President’s emphasis on Egypt’s full readiness to implement any measure requested by the Kingdom of Saudi Arabia to defend its security and sovereignty confirms the constants of Egyptian policy in protecting and preserving common Arab and Gulf national security.

Abdel Mohsen added that the president's statements carried clear signals regarding strategic solidarity with the major Arab countries, especially the Kingdom of Saudi Arabia, in light of the tensions in the region, thus enhancing Egypt's pivotal role as a fundamental pillar of regional stability.

He pointed out that the statements confirm the regional dimension and common destiny, and that the security of the Gulf states is an integral part of Egyptian national security, stressing that Egypt stands strongly to protect and defend Saudi Arabia’s land, and that it will take everything necessary to protect its brothers in the Gulf.

Major General Ayman Abdel Mohsen pointed out that the president’s speech aims to establish a positive “political memory” towards the Gulf allies, and block any attempts to create a wedge or distort strategic relations, as well as strengthening Arab solidarity in the face of current regional challenges.

For his part, Dr. Mohamed Mahmoud Mahran, professor of public international law and member of the American and European Associations of International Law, said in exclusive statements to Al Arabiya.net and Al Hadath.net that President Sisi’s statements during the Military Academy graduation ceremony are based on three integrated legal texts, and not just political enthusiasm.

He explained that the first of these texts is Article 152 of the Egyptian Constitution, which requires the opinion of the National Defense Council to be taken first, then the approval of the House of Representatives by a two-thirds majority of members, before sending any forces on a combat mission outside the borders.

Mahran stressed that President Sisi’s request for the House of Representatives to convene in an emergency session is related to these constitutional procedures, which he described as a constitutional obligation and not optional.

The professor of public international law added that the second text is the Treaty on Joint Arab Defense and Economic Cooperation, signed in 1950, noting that Article 2 of it obliges the Arab states parties to assist the attacked state by using armed force if necessary, and to consider an attack on one of them an attack on all of them.

He explained that Egypt and Saudi Arabia were signatories to the treaty since its inception, considering that President Sisi’s willingness to activate it represents an important step in light of his repeated demands for the necessity of activating joint Arab defense mechanisms.

Mahran pointed out that the third legal text is Article 51 of the United Nations Charter, which recognizes the right to individual or collective self-defense, and allows states to assist a country under armed attack, in accordance with the conditions and controls set by international law.

He said that, according to his assessment, Saudi Arabia is subjected to regular attacks targeting its airports, vital facilities, and the vicinity of its holy sites.

He stressed that Al-Sisi’s statement that Egypt does not want to fight anyone, but will defend Saudi Arabia, does not represent, according to his interpretation, merely constructive statements, but rather defines the scope of possible intervention within the framework of defense, taking into account the limits of proportionality and necessity stipulated in international humanitarian law, with the aim of denying accusations of aggression.