US legal advisor says Iran war justified because of Tehran's "aggression" over decades
State Department lawyer Reed Rubinstein argued in a statement released days before the deadline of May 1 for the Trump administration to obtain approval from Congress under the 1973 War Powers Act or move to end the war. Reed Rubinstein, State Department's Legal Adviser, made these arguments in a recent statement. The deadline was May 1 for the Trump Administration to get Congress to approve the war under the 1973 War Powers Act. Or to take action to stop it. U.S.-Israeli airstrikes on Iran began on February 28. The initial attacks killed Iran's then Supreme Leader Ayatollah Khamenei, as well as a large part of its leadership. Trump claimed that the air strikes, which took place just days after the inconclusive negotiations between the U.S. government and Iranian negotiators ended, were meant to destroy Iranian missiles, annihilate its navy, and prevent Tehran from obtaining nuclear weapons. Trump also called on Iranians to topple their government. Legal experts claim that the attacks were not justified?under the United Nations Charter which states member states are prohibited from using force, or threatening force, against other countries except when authorized by the U.N. Security Council and used for self-defense. The?U.S. The?U.S.
He added, "In reality, the United States acts well within the contours of international law in relation to the use force and self defense."
Iran has denied for years that it seeks to develop nuclear weapons. The statement entitled "Operation epic fury?and international law" was posted Tuesday on the State Department?s website. However, unlike other statements from the department, this one was not sent out to the media nor published on social media. Iran responded to U.S. attacks and Israeli strikes by launching drones and missiles at U.S. targets and its Middle East neighbours, as well as shipping. This caused the Strait of Hormuz to be blocked. Since an April 8 ceasefire, the war has been put on hold. It has caused an energy crisis and raised concerns about economic consequences. Opinion polls reveal that the war has been unpopular among Americans who have seen fuel, food, and other prices increase in the last eight weeks. Ipsos' poll released on Friday revealed that a majority of Americans blamed Trump for the surging gas prices. This is weighing heavily on his Republican Party as it prepares to go into midterm elections this November.
LEGAL CONCERNS LESS THAN 100 international law experts wrote a letter in which they said that the U.N. Charter was violated by the beginning of the conflict. The Trump administration has made a number of contradictory claims that Iran is a threat. However, they have not provided any evidence to support a claim for self-defense. They cited actions such as the bombing a girls school, which investigators believe to be a U.S. attack, and the threats against Iran's civil infrastructure.
Rubinstein said that the campaign, which began in late-February, was "part" of a conflict that had been going on for years with Iran and that it was not necessary to determine whether or not an Iranian attack against the U.S. The U.S. has been in compliance with international law regarding its use of force ever since operations started late February. Iran, on the other hand, has behaved as any reasonable observer could have expected, lashing out at its neighbors, killing its own people, illegally closing the Strait of Hormuz and wreaking chaos throughout the region, Rubinstein stated. Congressional aides claimed that Rubinstein made the statement to try to beat the May 1 deadline for asking Congress to approve the war. According to the War Powers Act, the U.S. president must cease any conflict that has lasted more than 60 days unless he receives authorization from Congress. The president may be granted a 30-day extension by certifying in writing to Congress that continued use of force is required. Democrats in both chambers have repeatedly tried to pass resolutions to end the war until Trump receives congressional approval. But almost all Republicans voted against them. (Reporting and editing by Paul Simao, Patricia Zengerle, Simon Lewis)
(source: Reuters)