CounterPunch Exclusives

CounterPunch Exclusives

The US War on Iran is Illegal. Here’s Why That Matters

Photograph by Nathaniel St. Clair

The U.S. and Israeli war has, from its very beginning, violated both U.S. domestic and international law.

The legal consequences go beyond specific violations. Washington and Tel Aviv’s breaches of the UN Charter and other legal frameworks also undermine the very foundations of the rule of law. Even while international legal institutions too often lack sufficient capacity to enforce their decisions, they still provide a crucial framework for protest, for pressure on individual governments, and for the hope of a future world where the rule of law is paramount.

Now, however, that future is in more danger than any other time in recent memory. Right now, Iranian civilians are paying the highest price. But the collapse of the rule of law makes the future more dangerous for everyone else, too.

What Are the Laws of War?

On the domestic front, the U.S. Constitution is very clear that only Congress, not the president, has the power to declare war. But President Trump did not even consult with Congress before attacking Iran, let alone receive a congressional declaration of or even authorization for war.

This is nothing new, of course. In recent years, successive Congresses have abandoned their constitutional prerogative, allowing various presidents of both parties to initiate and continue the use of massive military force without even the pretense of asserting their power to declare war.

Indeed, both houses of Congress voted, in overwhelmingly partisan votes, to reject War Powers Resolutions which could have prevented or at least constrained Trump’s reckless and illegal war. They didn’t even hold votes at all until the United States and Israel had already launched their war against........

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