What Congress can do right now to prevent a war crime in Iran
Reminding military personnel of their legal obligations isn't enough, but it's a start.
Early this morning, Donald Trump tweeted, in clear reference to Iran: “A whole civilization will die tonight, never to be brought again.” I have generally resisted getting too worked up about Trump’s hyperbolic rhetoric, but it would be unconscionable not to take this threat serious. This is a threat to commit a war crime, and one of such magnitude that it would easily rank among history’s greatest atrocities. From a purely self-interested perspective, Americans have to understand that this would risk not just blowback but an organized international response on a scale that our country has never dealt with. More importantly, however, it would endanger nearly a hundred million lives, and with it the history of one of the world’s oldest and most important civilizations. Even threatening such a crime against humanity should be more than enough to justify immediately removing Trump from office.
So far, the standard response among Democrats — from Chuck Schumer to Bernie Sanders — has been to call for a vote on ending the war. This is not enough. Rep. Ro Khanna’s call for invoking the 25th Amendment and removing Trump from office better reflects the urgency of the situation, but this is still not enough. Members of Congress, and especially those who call themselves socialists, need to follow the lead of Rep. Alexandria Ocasio-Cortez and take action that will immediately impede any criminal action Trump may attempt. Specifically, they need to:
Clearly state that anything amounting to the destruction of Iranian civilization would be an unambiguous war crime under international and US law. There is no plausible military justification for wielding weapons of mass destruction, mass attacks on civilians, or anything on the scale that Trump is suggesting.
Remind military personnel that they have a legal obligation to disobey any orders to participate in the destruction of Iranian civilization. This is true from the bottom to the top of the chain of command. High ranking officials have a special responsibility to resist illegal orders, but this cannot excuse those further down who choose to participate.
Pledge to protect anyone who disobeys unlawful orders from political and professional retaliation. Such retaliation would also, of course, be illegal, but members of Congress need to promise to provide any aid necessary in the defense of their legal rights.
Pledge to prosecute anyone who participates in the destruction of Iranian civilization. Even if the president pardons any military personnel who participates in war crimes, it is within the authority of Congress to amend the American Service-Members’ Protection Act and then legislate a legal procedure for authorizing the extradition of said personnel to the jurisdiction of the International Criminal Court for prosecution. No member of the military should proceed under an assumption of impunity for their crimes.
As it stands, members of the military are likely facing an onslaught of misinformation about both the legality of this operation and their personal liability. Simply by stating these four points, Members of Congress can create an immediate and powerful incentive against an unthinkable crime against humanity. These measures do not end their responsibility to act, of course, but they are where every member of Congress should start.
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