Trump Flirts with War Crimes

President Donald Trump owes the Pakistanis for securing a fourteen-day ceasefire with Iran. He now has a chance to extricate the United States from the biggest blunder of his second term. Tensions, however, remain high. “It is emphasized that this does not signify the termination of the war,” the Iranian government said in a formal statement. “Our hands remain upon the trigger, and should the slightest error be committed by the enemy, it shall be met with full force.”

One must worry that Trump does not appreciate the ceasefire off-ramp as good luck or an unmerited gift; instead, he likely will credit his threats to destroy “a whole civilization…never to be brought back again.” If the ceasefire breaks down, Trump could fulfill his commitment to “rain Hell” on Iran.

While typing away on Truth Social, Trump is oblivious that he is giving an anticipatory confession to war crimes. In addition to the posts quoted above, the president has threatened to destroy Iran’s power plants, oil wells, and desalinization facilities if certain demands are rejected. Civilizational devastation, Trump raved, “will be in retribution for our many soldiers, and others, that Iran has butchered and killed over the old Regime’s 47 year ‘Reign of Terror.’”

Trump’s promises violate fundamental tenets of the laws and customs of armed conflict (also known as international humanitarian law, “IHL”) which yields individual criminal responsibility under international law. This area of IHL is clear and not subject to different spins.

As an initial matter, Trump’s war plans violate protocols to the Geneva Convention codifying the principle of distinction. According to Article 48 of the relevant protocol, “the Parties to the conflict shall at all times distinguish between the civilian population and combatants and between civilian objects and military objectives and accordingly shall direct their operations only against military objectives.” [Emphasis added] Article 51 further prohibits “[a]cts or threats of violence the primary purpose of which is to spread terror among the civilian population.”

Trump’s possible targets enumerated on Truth Social are integral to provision of basic services to civilians. The president is not threatening military bases, missile silos, or drone manufacturing facilities. Instead, he proposes to bring suffering on Iran’s civilian population simply because he can. IHL prohibits such methods of war as uncivilized.

Trump and his war hawk apologists will likely counter that destruction of certain infrastructure could produce a military benefit and thus is allowed. This is not true. Article 51 sets forth the principle of proportionality which prohibits military attacks expected to cause harm to civilians that is excessive in relation to the concrete and direct military advantage anticipated. Just because soldiers use electricity and drink water does not mean that the United States is justified in destroying all of Iran’s power plants and desalinization facilities.

Further damning to the president’s case is his stated reason for attacking civilian targets and infrastructure: “retribution” for the conduct of a regime he alleges no longer holds power. IHL strictly prohibits reprisals against the civilian population. A reprisal is an action typically illegal that is taken to force the enemy to stop its own violations of IHL. For example, if Iran executed American prisoners of war (“POWs”), the United States could execute Iranian POWs to persuade Iran to comply with the Geneva Convention. In the present conflict, Trump has not identified Iranian IHL violations and even if he had done so, the United States could not institute reprisals against civilian targets or persons.

At best, Trump’s statements on Truth Social are desperate bombast from a leader who regrets taking advice from Israeli Prime Minister Benjamin Netanyahu and Senator Lindsey Graham (R-SC). At worst, they are an outline for barbarism unfit for the leader of a federal republic.

If the ceasefire does not result in a permanent settlement and Trump follows through on his threats to civilians and civilian infrastructure, IHL is squarely against him. He should not be surprised if the International Criminal Court (“ICC”), which is charged with investigating war crimes and similar matters, issues a warrant for his arrest. Such a warrant would prevent Trump from traveling outside of the United States because of the risk of arrest. No more golf trips to Ireland for the Donald.

While Trump has just complaints about the lawfare waged against him by the likes of Alvin Bragg, Letitia James, and Fani Willis, an ICC matter would be different. Trump’s own words convict him and are counter to the established laws and customs of armed conflict.