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Politics
Apr 07, 2026

Trump's Iran Threats: International Prosecution Looms for War Crimes

AI Summary
The article discusses the possibility of prosecuting Donald Trump for war crimes if he follows through on his threats against Iran. The author, Kenneth Roth, argues that while the US Supreme Court has given Trump impunity within the United States, international options for prosecution exist.

Donald Trump's open threats to commit war crimes in Iran have raised concerns about his impunity. The US Supreme Court's recent ruling in Trump v United States has given him reason to believe he can act with impunity within the US. However, there are international options for prosecution that lie beyond the court's lawless license.

Trump's plan to bomb Iran and destroy civilian infrastructure, such as desalination plants, electrical-generating facilities, and bridges, would violate international humanitarian law's rule of proportionality. The destruction of civilian infrastructure would have a disproportionate impact on civilians, and therefore, it is not justified.

The International Criminal Court (ICC) has charged Russian military commanders with war crimes for attacking electrical infrastructure in Ukraine. Similarly, Trump's actions could be prosecuted as war crimes. However, the ICC has no jurisdiction over crimes committed on Iranian territory since Iran is not a member of the ICC.

There are alternative routes for prosecution. The Iranian government could join the ICC and grant it retroactive jurisdiction, similar to what Ukraine did to allow prosecution of Russian war crimes. Additionally, under the concept of universal jurisdiction, governments can use their national courts to prosecute certain crimes even if committed by non-nationals abroad.

A group of countries, such as the European Union, NATO, or the G7, could establish an international tribunal to address crimes committed in Iran, including war crimes and aggression. This would allow Trump to be prosecuted as soon as the tribunal is established, without waiting for him to leave office.