Arabic version: تهديدات ترامب في إيران تثير مخاوف من ملاحقة جرائم الحرب

Kenneth Roth argues that the threats made by Donald Trump regarding military action in Iran could constitute war crimes. According to The Guardian, Trump’s plan to bomb Iran’s infrastructure, including essential civilian facilities, raises significant legal and ethical concerns under international humanitarian law.

The article highlights that Trump’s intentions to destroy civilian infrastructure, such as desalination plants and electrical facilities, could lead to disproportionate civilian harm, violating the rules of proportionality in warfare. Historical precedents indicate that targeting such infrastructure has severe cascading effects on society, disrupting essential services like sanitation and healthcare.

While the U.S. Supreme Court has granted Trump a degree of legal immunity for his actions, Roth points out that international options for prosecution remain available. He notes that the International Criminal Court (ICC) could potentially address these issues, although Iran’s non-membership complicates jurisdiction matters.

Roth suggests that Iran could join the ICC and grant retroactive jurisdiction, similar to Ukraine’s actions regarding Russian war crimes. Alternatively, he discusses the concept of universal jurisdiction, which allows for prosecution of certain crimes regardless of where they were committed, although this is complicated by the ICJ’s ruling on prosecuting sitting heads of state.

The article concludes by proposing that a coalition of countries could establish an international tribunal to address crimes committed in Iran, enabling potential prosecution of Trump without waiting for him to leave office. Roth emphasizes the importance of international accountability and the need for action against threats to humanitarian law.