War Crimes Rhetoric to Battlefield Reality: Slippery Slope to Total War

“Tuesday will be Power Plant Day, and Bridge Day, all wrapped up in one, in Iran. There will be nothing like it!!!” posted President Donald Trump on Easter Sunday. In case one thought that was an impulsive utterance, it’s notable that the president in apparently prepared remarks a few days earlier said, “If there is no deal, we are going to hit each and every one of their electric generating plants very hard and probably simultaneously.”

Such rhetorical statements – if followed through – would amount to the most serious war crimes – and thus the president’s statements place servicemembers in a profoundly challenging situation.

Iranian power plants and other critical civilian infrastructure are protected from attacks by the law of war the United States helped craft after World War II. Such an object can lose its protection only if it is used for military purposes by the enemy and its destruction “offers a definite military advantage.” Even then, such an object can be attacked only if, after a case-by-case rigorous analysis, the “concrete and direct military advantage anticipated” outweighs the civilian suffering that is expected to result. (Geneva Convention Additional Protocol I art. 52, art. 57; DOD Law of War Manual, § 5.6, § 5.12).

Despite those well-settled legal parameters, President Trump has repeatedly threatened to obliterate such infrastructure without regard to the law’s high demands. His comments are blatant expressions that he is willing to turn the United States into a rogue State like Iran and Russia, one that rejects the fundamental legal restraints that protect innocent non-combatants like children, and the Iranian civilian population itself.

U.S. military commanders have sworn to obey the Constitution and only those orders from their superiors that are lawful.  Threats to bomb Iran “back to the Stone Ages” and to show “no quarter, no mercy” are plainly illegal.  Trump’s outrageous statements gravely threaten our military professionals’ bedrock moral and legal principles, ones enshrined in the law of war that they’ve been trained to follow their entire careers.

the DOD Law of War Manual’s note on targeting civilian infrastructure states: “Diminishing the morale of the civilian population and their support for the war effort does not provide a definite military advantage. However, attacks that are otherwise lawful are not rendered unlawful if they happen to result in diminished civilian morale.”  DOD Law of War Manual, § 5.6.  Such “morale bombing” has been rejected for many decades; it had gained support during World War II only to be roundly rejected by Additional Protocol I to the Geneva Conventions and customary international law.  The idea of using civilian pain in order to effectuate political goals would rightly stoke criticisms that the United States’s use of military force against civilian targets equates to acts of sheer terrorism. (See Additional Protocol I art. 51(2) (“Acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited.”) (emphasis added); DOD Law of War Manual, § 5.2.2 (“Measures of intimidation or terrorism against the civilian population are prohibited, including acts or threats of violence, the primary purpose of which is to spread terror among the civilian population.”) (emphasis added).