Jump to content

War crimes in Iran, 2026

From Encyc

There has been a discussion as to whether the United States has committed War crimes in Iran, during its attack in 2026.[1]

US Secretary of Defense Pete Hegseth has, controversially, gone on record that US Military Forces should offer "no quarter" to Iranian forces.[2] If his comments were to be taken at face value they would, in and of themselves, violate the laws of war, as a belligerent is always under an obligation to accept the surrender of opponents who are wounded, run out of ammunition, or just don't want to fight.[3][4]

Incidents that have been under discussion, as to whether a war crime has been committed include the death of 150 school girls, attending a school, and the death toll when a USN submarine sank the IRIS Dena.[1][5]

The IRIS Dena would have been a legitimate target if the USA and Iran were at war, but the laws of war require a belligerent to try to take reasonable steps to prevent the unnecessary loss of life when an enemy vessel is sinking, which the USN submarine did not do.[1] It did not surface, and try to rescue survivors.[6] It did not send out a signal requesting help from nearby vessels. The Dena herself was able to send out a rescue request, and a Sri Lankan vessel was able to respond, hours later, and rescue about a third of the Dena's crew.

References

[edit | edit source]
  1. ↑ 1.0 1.1 1.2 "War Crimes in Iran". Legal Eagle via YouTube. 2026-03-15. Retrieved 2026-03-16. Did the Trump Administration commit War Crimes in Iran?
  2. ↑ Greg Jaffe (2026-03-13). "Hegseth Vows Lethal Day in Iran as Air War Intensifies". The New York Times. Archived from the original on 2026-03-13. Retrieved 2026-03-16. Mr. Hegseth vowed that U.S. forces would allow 'no quarter, no mercy for our enemies.' To give 'no quarter' means to continue to attack an enemy who is wounded and out of the fight, a violation of international law.
  3. ↑ Daniel Maurer (2026-03-14). "Hypothetical Legal Advice to SecDef Hegseth on "No Quarter" Statement (from Office of General Counsel)". Just Security. Archived from the original on 2026-03-14. Retrieved 2026-03-16. The following hypothetical legal memorandum imagines what the General Counsel for the U.S. Department of Defense would advise the Secretary of Defense immediately following the SecDef’s remarks on March 13, 2026, in which he appeared to suggest that U.S. forces would deny 'quarter' to Iranian combatants during Operation Epic Fury. The memorandum presumes that Secretary Hegseth did not know what 'no quarter' means under international humanitarian law or knew its legal meaning but intended only to panic and terrify Iranian combatants or knew its legal meaning and intended for 'no quarter' to be executed by his subordinates. The memorandum is agnostic as to those conditions; its analysis applies regardless.
  4. ↑ Brian Osgood (2026-03-14). "Analysts say US threat of 'no quarter' for Iran violates international law". Al Jazeera. Archived from the original on 2026-03-14. Retrieved 2026-03-16. Under the Hague Convention and other international treaties, it is illegal to threaten that no quarter will be given. Domestic laws, such as the 1996 War Crimes Act, also prohibit such policies. US military manuals likewise warn that threats of 'no quarter' are illegal. Brian Finucane, a senior adviser at the International Crisis Group, a think tank, said Hegseth’s comments appear to run afoul of those standards.
  5. ↑ "Trump Remark On Iranian Ship Sparks War Crime Debate: 'Why Capture It? It's More Fun To Sink Them'". Times Now. 2026-03-10. Archived from the original on 2026-03-10. Retrieved 2026-03-16. The incident has sparked debate among legal analysts regarding whether such an attack constitutes a lawful act of war under international law. Military operations at sea are governed by legal frameworks that regulate the use of force during armed conflict.
  6. ↑ "'Iran Win…Without Mercy': Did the US Commit War Crime in Indian Ocean?". Times Now. 2026-03-05. Archived from the original on 2026-03-05. Retrieved 2026-03-16. The US submarine did not search for survivors. It departed the area. The rescue of 32 critically injured sailors from 180 aboard fell entirely to the small Sri Lankan Navy, which did its best in that scenario to rescue sailors after receiving a distress signal at 5:08 a.m.
Retrieved from "https://encyc.org/w/index.php?title=War_crimes_in_Iran,_2026&oldid=85469"