The US-Israeli attacks against Iran, and the threats against its energy infrastructure, as well as Tehran's retaliation on its Gulf neighbors underline how the norms of starting and escalating international wars have been upended.
US President Donald Trump has at least twice threatened to use overwhelming force against Iranian energy facilities. Last week, he said he would 'massively blow up' Iran's South Pars gas field if Iran further retaliated against Qatari energy sites. On Saturday, he said the US would 'obliterate' Iran's 'various power plants, starting with the biggest one first' if its leaders did not reopen the Strait of Hormuz.
This comes amid mounting concern that the nature of this war is putting further, unprecedented strain on the global rules-based order.
Luis Moreno Ocampo, founding chief prosecutor of the International Criminal Court (ICC), said the global rules-based order was designed to protect civilians and prevent nations from resorting to war other than in self-defense or when approved by the UN Security Council. He told the BBC that the war on Iran amounts to a crime of aggression under international law.
Moreno Ocampo also stated that Trump's threats to bomb Iranian power plants, as well as attacks by both Iran and Israel on energy infrastructure, do not count as legitimate targets. He likened such strikes to Russia's attacks on energy sites in Ukraine, which led to Russian officials being indicted by the ICC for alleged war crimes.
According to Moreno Ocampo, 'the cases of Russia in Ukraine or the US in Iran or Venezuela are called a crime of aggression. That means the use of armed forces by a state against the sovereignty, territorial integrity, or political independence of another state.'
He expressed concern that the rules-based system is transforming into rule by unilateral power. He described a troubling scenario where a single leader's decisions dictate international norms, suggesting that 'that's not a viable world.'
In response to Moreno Ocampo's comments, the White House dismissed his statement as 'ridiculous' and maintained that Trump's aggressive actions were aimed at eliminating the threat posed by Iran. Additionally, the White House pointed to instances of Iranian aggression in the region to justify their actions.
Rights groups have voiced that attacking Iranian power plants could have devastating impacts on civilian life, particularly as Iranians already experience severe power shortages. Iran has warned that any US strike would lead to retaliatory actions against the critical infrastructure of Gulf states.
The escalating conflict has illuminated profound risks not only to regional stability but also to the legal frameworks that have guided international relations for decades.
