Trump Admin Sanctions ICC, Claims US Stands Above International Law

Washington: The Trump administration has made no secret of its position that international law does not bind the United States. Going further, it has imposed sanctions on officials of the International Criminal Court (ICC), a move that legal experts say sets a dangerous precedent for the global rules-based order.

Six months ago, the United States and Israel launched military action against Iran. Legal scholars broadly agree this constituted a clear violation of international law, specifically breaching Article 2 of the UN Charter, which contains a fundamental prohibition on the use or threat of force between states.

The manner in which the war has since been conducted has also drawn scrutiny. International observers and legal experts say the actions of US forces in Iran must be monitored, investigated, and prosecuted if the evidence supports it. They describe this as a crucial moment for international law, particularly as concerted efforts continue to weaken and discredit it.

The body of law that governs armed conflict is called international humanitarian law, sometimes referred to simply as the laws of war. It is designed to limit the means and methods of warfare, with the aim of preventing unnecessary suffering among both combatants and civilians.

Many violations of these laws, though not all, are classified as war crimes. Under the framework, militaries are required to take all feasible precautions to reduce civilian casualties, civilian injury, and damage to civilian infrastructure. This obligation includes verifying that any target is a legitimate military objective before an attack is carried out.

So-called dual-use objects, meaning sites that serve both civilian and military purposes, can qualify as lawful military targets, but only under specific conditions. The site must make an effective contribution to military action, and destroying or disabling it must offer a definite military advantage.

Even then, an attack on a dual-use site is prohibited if the harm caused to civilians would be disproportionate to the military gain. Legal experts say this proportionality test is among the most important, and most frequently contested, standards in international humanitarian law.