Donald Trump is openly threatening war crimes in Iran, but Kenneth Roth, a leading human rights expert, argues that international avenues for prosecution exist despite US legal protections. Trump has threatened to bomb 'back to the stone ages' and destroy civilian infrastructure such as desalination plants, electrical facilities and bridges, which would violate international humanitarian law's rule of proportionality.
According to Roth, even if these facilities have some military use, the anticipated military advantage pales in comparison with the likely civilian harm. The International Criminal Court has charged Russian commanders for similar attacks on Ukraine's electrical grid, and Pentagon doctrine after the 1991 Gulf War shifted away from such tactics, favouring temporary disablement.
The US Supreme Court's 2024 ruling in Trump v United States granted the president immunity for official acts, but Roth notes this does not protect the defence secretary or military commanders, who have a duty to disobey manifestly unlawful orders. Trump himself could be prosecuted internationally, but not in the US.
The International Criminal Court could gain jurisdiction if Iran joins and grants retroactive jurisdiction, similar to Ukraine's move to prosecute Russian crimes. However, Tehran may be reluctant due to potential prosecutions for its own actions. Alternatively, under universal jurisdiction, national courts of other countries can prosecute war crimes committed anywhere.
Roth concludes that while these routes are not easy, the precedent of a US president openly flouting international humanitarian law compels action to hold him accountable.
