The Iran Strikes and the Rule of Law

by Mohamed Arafa, JURIST
The most striking aspect of the Trump administration’s legal argument for the attack on Iran is that, in practical terms, it simply does not exist. When President Donald Trump announced that the United States was "at war," he claimed the strikes were intended to eliminate "imminent threats from the Iranian regime," yet offered no evidence to support that assertion. The historical incidents he cited—the 1979-1981 takeover of the US Embassy in Tehran, the 1983 bombing of US Marine barracks in Lebanon, and the 2000 attack on the USS Cole—occurred decades ago. Trump even suggested that Iran’s leaders "knew [about] and were probably involved" in these events, while emphasizing that the US had "completely and totally obliterated the regime's nuclear program" last year. Beyond these historical episodes, the administration presented no proof of any current, imminent threat from Iran. Under international law, imminence requires a threat that is instant, overwhelming, and leaves no alternative means of response—a standard plainly not met here. Particularly alarming is the explicit targeting of foreign leaders. The killing of Iranian Supreme Leader Ayatollah Ali Khamenei came less than two months after US forces attempted to seize Nicolás Maduro in Venezuela, signaling a troubling expansion of precedent for US interventions abroad. Deliberately targeting heads of state is prohibited under international law and the New York Convention, to protect political stability and to avoid escalating conflicts unnecessarily.
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