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Trump's Iran Attack Was Illegal, Former U.S. Military Officials Alleges

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01.03.2026

Special Investigations

Press Freedom Defense Fund

Trump’s Iran Attack Was Illegal, Former U.S. Military Officials Alleges

“This is an introduction of U.S. forces into hostilities. It absolutely triggers the 48-hour notice requirement.”

President Donald Trump’s order to launch a coordinated U.S.-Israeli strike against Iran ran afoul of international and domestic law, according to military and legal experts including the former legal chief at U.S. Central Command, which carried out the attacks.

“Not only does this violate international law in numerous respects, it clearly violates the U.S. Constitution and the War Powers Resolution,” said retired Air Force Lt. Col. Rachel VanLandingham, who previously served as chief of international law at U.S. Central Command.

The United Nations Charter generally restricts the use of force to cases of self-defense or with approval from the U.N. Security Council. The Constitution separately gives Congress the authority to authorize offensive war.

The War Powers Resolution also requires presidents to notify Congress within 48 hours of introducing U.S. forces into hostilities and limits how long those forces can operate without congressional approval. Secretary of State Marco Rubio briefed members of Congress’s bipartisan “Gang of Eight” in calls Friday night ahead of the strikes, according to administration officials and news reports.

“It absolutely triggers the 48-hour notice requirement.”

“It absolutely triggers the 48-hour notice requirement.”

Legal experts say advance briefings to the Gang of Eight do not necessarily satisfy the War Powers Resolution, which contemplates a formal written report to Congress as an institution, not just a small group of leaders.

“This is an introduction of U.S. forces into hostilities,” said VanLandingham, who now teaches national security law at Southwestern Law School. “It absolutely triggers the 48-hour notice requirement,” she said.

The fact American servicemembers died in the operation raises further legal concerns, she said, as Congress is intended to decide when American lives are placed at risk in offensive wars.

Rep. Becca Balint, D-Vt., called the operation “dangerous” and “illegal,” saying Trump launched the attack “without authorization from Congress.”

“Speaker Johnson must immediately reconvene the House so we can pass a War Powers Resolution to rein in this unauthorized use of our military and taxpayer dollars,” Balint said.

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Democratic leaders had already been moving toward a vote on a bipartisan war powers resolution in the days before the strikes, though the measure was widely expected to fail amid scattered Democratic opposition and near-unified Republican resistance.

From a legal perspective, VanLandingham said the attacks, dubbed Operation Epic Fury, present fewer ambiguities than prior U.S. strikes on Iran, including Operation Midnight Hammer on June 22, 2025, which the U.S. said targeted Iranian nuclear facilities.

Over time, administrations of both parties have steadily expanded unilateral war powers, VanLandingham said, effectively redefining what counts as war in constitutional terms and expanding the circumstances in which presidents can use force without congressional approval. She pointed to air campaigns under Presidents Barack Obama in Libya and Donald Trump in Syria as examples of operations the executive branch treated as falling short of war requiring congressional authorization.

Questions of International Law

The death toll for Operation Epic Fury is mounting, both among civilians and combatants. A strike on a girls’ primary school resulted in nearly 100 reported civilian casualties, and U.S. Central Command said three U.S. service members were killed in action and five seriously wounded. Several others servicemembers sustained minor injuries, the........

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