The US-Israeli attacks against Iran, and the threats against its energy infrastructure, as well as Tehran's retaliation on its Gulf neighbours underline how the norms of starting and escalating international wars have been upended.
US President Donald Trump has at least twice threatened to use overwhelming force against Iranian energy facilities. Last week, he said he would massively blow up Iran's South Pars gas field if Iran further retaliated against Qatari energy sites. And on Saturday, he said the US would obliterate Iran's various power plants, starting with the biggest one first if its leaders did not reopen the Strait of Hormuz.
It comes amid mounting concern that the nature of this war is putting further, unprecedented strain on the global rules-based order.
Luis Moreno Ocampo, founding chief prosecutor of the International Criminal Court (ICC), said the global rules-based order was designed to protect civilians and prevent nations resorting to war other than in self-defence, or when approved by the UN Security Council.
He told the BBC that the war on Iran amounts to a crime of aggression under international law.
Moreno Ocampo also said Trump's threats to bomb Iranian power plants, as well as attacks by both Iran and Israel on energy infrastructure, do not amount to legitimate targets. He likened such strikes to Russia's attacks on energy sites in Ukraine which led to Russian officials being indicted by the ICC for alleged war crimes.
The cases of Russia in Ukraine or the US in Iran or in Venezuela is… called a crime of aggression. That means the use of armed forces by a state against the sovereignty, the territorial integrity or the political independence of another state, that's it, said Moreno Ocampo.
Moreno Ocampo expressed worries that the rule based system is being undermined, stating, Now we go [from the rules-based system] to the rule of the man, whatever today President Trump decides will be the rule. That's not a viable world, he said.
In response, the White House called Moreno Ocampo's statement ridiculous. It said Trump was taking bold action to eliminate the threat posed by a rogue, terrorist regime.
Iran's killing of civilians in the region underscored the importance of the president taking this action, a White House official added.
When asked about concerns over US attacks on Iranian power plants amounting to war crimes, US Ambassador to the United Nations Mike Waltz indicated the legitimacy of targeting Iranian infrastructure due to its ties to the country's military capabilities.
Moreno Ocampo argues that Iran's attacks on its Gulf neighbours also amount to a crime of aggression.
Brian Finucane, a former state department lawyer, highlighted the legal challenges posed by proposed US actions against Iran, indicating, it's hard to see how any such attack would be lawful. He's ready to attack things which are not obviously lawful military objectives.
Rights groups have raised alarms about the humanitarian impact of potential strikes on Iranian infrastructure, underscoring the dangers civilians face amid rising tensions. Iran's threats of retaliation further complicate the situation, placing neighboring countries at risk.
As the conflict escalates with airstrikes targeting Iranian energy sites and Iranian attacks on multiple neighboring countries, the stability of the region hangs in the balance, drawing severe critiques on the implications of Western military strategies and commitments to upholding international laws.
