Iran war is illegal, say ex-US military officials

US President Donald Trump’s war on Iran is illegal. That’s the view of former senior US military officials. And Keir Starmer and other allies need to adjust their involvement accordingly.

Former air force Lt. Col. Rachel VanLandingham served as chief of international law at U.S. Central Command (CENTCOM). She told the Intercept on 1 March:

Not only does this violate international law in numerous respects, it clearly violates the U.S. Constitution and the War Powers Resolution.

Here’s some of the key legal context:

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 power to authorize offensive war.

Clearly Trump and Israel hit first on 28 February. There was no imminent threat. In fact, negotiations with Iran had made unprecedented advances in the hours before the attack.

The Intercept reported:

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.

VanLandingham said:

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

The US – and now, the UK – are at war with no democratic debate or approval having been established. The fact four US military personnel were killed in Kuwait adds more urgency to the issue:

The fact American service members 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.

Trump and unauthorised use of force on Iran

Even Democrats – who haven’t resisted the war, but rather asked to have oversight – have been calling for a vote:

Rep. Becca Balint told the outlet:

Speaker [Mike] 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.

Retired Air Force special operations member Wes Bryant also spoke to the Intercept. He also served as:

chief of civilian harm assessments at the Pentagon’s Civilian Protection Center of Excellence.

Bryant warned:

To say there’s no risk to U.S. troops … I wouldn’t call it naive. I’d call it a pure lie.

He was concerned about ‘mission creep’ as the war escalated:

Bryant said the scope of the strikes suggested major combat operations that could quickly tip toward large-scale conflict in a densely populated country, with predictable risks to both U.S. troops and civilians.

Adding:

I’m surprised it’s only been three deaths. It will be more if this continues and we lose the initial shock value.

Former US Marine and State Department official Matt Hoh told the Intercept:

If these reports are accurate, this should be very concerning to U.S. forces. Iranian missiles and drones were able to breach U.S. defenses very early in the conflict.

But what role is domestic ambition playing in Trump’s drive to war?

Domestic politics drives Trump

After the strikes began Trump repeated an old conspiracy theory that Iran had interfered with the 2020 election results. VanLandingham said this was important. Trump’s attack is partly driven by domestic politics and an urge for revenge.

What’s chilling is that he’s tying this attack against another country to domestic politics as a way to further consolidate power over his base and potentially link the use of force to domestic use of force this fall.

She added:

It’s mind-boggling. But when you look at it, it makes rational sense for him to say, ‘I’m doing this because I’m taking out everyone who stood in my way in 2020″.

VanLandingham said:

He is linking it to his own domestic grievances because he is laying the groundwork, I strongly believe, to use the U.S. military improperly.

The Pentagon has confirmed that Iran had no intention of launching strikes prior to the US-Israel bombardment.

The US seems determined to keep bombing for now. And Trump seems determined to use the opportunity to shore up his power at home. The fact that his ambitions have already cost hundreds of lives in Iran, across the region and among his own citizens is unlikely to slow him down.

Featured image via the Canary