This makes it abundantly clear the Iran strike isn't legal [View all]

I am not a law of war expert. I don’t play one on TV. But I wanted to share some basic principles and offer some suggestions for further reading as we watch the news unfold in Iran. The White House hasn’t offered the public a reason for the attack on Iran that would make it legal, and CNN is reporting they haven’t provided a “full accounting” to members of Congress either. This afternoon, Jake Sherman at Punchbowl News reported that “A senior Trump administration official said that U.S. intelligence ‘had indicators’ that the Iranians were going to use their missiles ‘preemptively, but if not, simultaneous’ to any American action on Iran.”

But if the real reason for our attack was warding off casualties from an Iranian first strike, you would have expected to hear the White House using that explanation from the start, which they didn’t. And now that we have struck, we haven’t seen any proportional response, “simultaneous” or otherwise, from Iran. The legality of the U.S. strike is, at best, highly questionable.

Of course, we all know that under the Constitution, Congress, not the president, has the power to declare war. We also know that for the past few decades, the executive branch has been assuming more of that power, adopting a “beg for forgiveness,” rather than an “ask for permission” stance. But no one has been as brazen about it as Donald Trump, who has bombed 7 different countries in just over a year in office and is at in a second time in Iran, after claiming, in June 2025, that he had “obliterated” their nuclear program. It’s not a good thing when the man with the nuclear codes is punch-drunk on the amount of power at his disposal, and it behooves us all to keep a close watch.

The UN Charter prohibits the threat or use of force against the territorial integrity or political independence of any state in Article 2(4), which reads, “All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.” Launching attacks, like the U.S. strike on Iran, is generally illegal. There are exceptions for self-defense against an armed attack (Article 51) or an attack authorized by the Security Council, but neither of those is in play here.



Treaties ratified by the U.S. Senate, like the UN Charter, have the status of federal laws under Article VI, Section 3 of the Constitution, which reads, “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land.” (emphasis added). Upholding them is part of a president’s duties and the oath of office he takes under the “take care” clause of the Constitution.

read more: https://joycevance.substack.com/p/the-law-of-war