Trump’s threats to use military force in Iran and the use of force itself are illegal under the United Nations Charter and the War Powers Resolution. Marjorie Cohn, Truthout 25 May 19,
President Donald Trump, National Security Advisor John Bolton and Secretary of State Mike Pompeo rattle their sabers, there is no evidence that Iran poses a threat to the United States. It was Trump who threatened genocide,
tweeting, “If Iran wants to fight, that will be the official end of Iran.” The Pentagon is now considering sending
10,000 additional troops to the Gulf region for “defensive” purposes and not in response to a new threat by Iran. Threats to use military force — like the use of force itself — violate U.S. and international law.Last week,
Pompeo said U.S. intelligence had determined that Iranian-sponsored attacks on U.S. forces “were imminent.” The Trump administration asserted, “without evidence,”
according to
The New York Times, that new intelligence revealed Iran was sponsoring proxy groups to attack U.S. forces in Iraq and Syria.
The Pentagon announced its intention to deploy a Patriot antimissile battery to the Middle East. Three days later, Acting Defense Secretary Patrick Shanahan said the United States would send up to 120,000 troops to the region if Iran attacks U.S. forces or speeds up work on nuclear weapons.
But on May 14, Maj. Gen. Chris Ghika, a senior British military official and deputy commander of the U.S.-led coalition fighting ISIS, told reporters at the Pentagon that “there has been no increased threat from Iranian-backed forces in Iraq or Syria.”
The U.S. and Israel Plan Regime Change in IranThe Trump administration and its close ally Israel have long had their sights on regime change in Iran…….
The U.S., Not Iran, Is Acting AggressivelyThe New York Times cites military and intelligence officials in the U.S. and Europe who maintain that during the past year, “most aggressive moves have originated not in Tehran, but in Washington” where Bolton “has prodded President Trump into backing Iran into a corner.” Bolton “has repeatedly called for American military strikes against Tehran,” The New York Times reported.
Pompeo listed 12 demands Iran must meet to secure a new nuclear agreement. “Taken together, the demands would require a complete transformation by Iran’s government, and they hardened the perception that the administration is really seeking regime change,” according to The Associated Press.
The Pentagon has prepared plans for an air attack on Iran, veteran Middle East war correspondent Eric Margolis reported in July 2018. He wrote:
The Pentagon has planned a high-intensity air war against Iran that Israel and the Saudis might very well join. The plan calls for over 2,300 air strikes against Iranian strategic targets: airfields and naval bases, arms and petroleum, oil and lubricant depots, telecommunication nodes, radar, factories, military headquarters, ports, water works, airports, missile bases and units of the Revolutionary Guards.
Trump’s reckless withdrawal from the nuclear deal actually increases the chances Iran will develop a nuclear program. After complying with the JCPOA for a year after Trump pulled out of it, Iran is now threatening to resume high enrichment of uranium, which it had agreed to halt under the deal.Trump’s threats to use military force in Iran and the use of force itself are illegal under the United Nations Charter and the War Powers Resolution.
The U.S. Violates the United Nations CharterRatified treaties are “the supreme law of the land” under the Supremacy Clause of the Constitution. That means their provisions constitute U.S. law. The United Nations Charter, which the U.S. ratified in 1945, is therefore binding domestic law.
In Article 2, the Charter provides, “All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.”
The only exception to the Charter’s prohibition on the threat or use of force is when a country acts in self-defense or with the approval of the U.N. Security Council.
Countries may engage in individual or collective self-defense only in the face of an armed attack, under Article 51 of the Charter. Iran has not mounted an armed attack against the United States. Under the well-established Caroline case, there must exist “a necessity of self-defence, instant, overwhelming, leaving no choice of means, and no moment for deliberation.”
Pompeo’s claim that Iranian-sponsored attacks will “imminently” occur against U.S. forces remains unsubstantiated. Nothing in the Charter allows a U.N. member country to unilaterally decide to use military force unless it does so in self-defense. If the United States were to attack and/or invade Iran, it would be acting unlawfully and not in self-defense.
Violation of the War Powers ResolutionA U.S. attack on Iran would also violate the War Powers Resolution. Congress enacted that law to reclaim its constitutional authority to send U.S. troops into combat after the disastrous Vietnam War. The resolution allows the president to introduce U.S. Armed Forces into hostilities or imminent hostilities in only three situations:
First, when Congress has declared war, which it has not done since World War II. Second, in the event of “a national emergency created by attack upon the United States, its territories or possessions, or its armed forces,” which has not occurred. Third, when Congress has enacted “specific statutory authorization,” such as an Authorization for the Use of Military Force (AUMF). There is no AUMF or other congressional statute authorizing the use of military force in Iran.
After the September 11 attacks, Congress passed an AUMF, authorizing the president “to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons.”
Although the 2001 AUMF was tied to the 9/11 attacks, it has been misused to justify multiple military operations in several countries, many of them unrelated to 9/11……… https://truthout.org/articles/an-attack-on-iran-would-violate-us-and-international-law/
