I wonder what the world's response will be. Definitely (or very close to it) actual war crimes against non-belligerents. Iran is on firm ground attacking US forces and installations, but cannot seriously argue that it has a right to attack civil and private infrastructure as it pleases.
There's a distinction between legal and illegal war and war crimes committed within that war. The former is complicated by the fact that asymmetric warfare is not well defined within the LOAC notwithstanding the attempts made with the Additional Protocols to the GC of 1977.
While the LOAC has always been considered relevant to state on state warfare, the Protocols introduced the notion of "peoples are fighting against colonial domination and alien occupation and against racist regimes in the exercise of their right of self-determination." Since regime change in 1979, Iran has considered its acts as part of legitimate warfare in defence of the Palestinians under that concept. That has included acts against foreign powers who aid Israel.
Personally, I think Iran stands on weak grounds considering the initial formation of the state of Israel was created by the UN but there has been a lot of water under the bridge since then. I'd be foolish to say who is the unlawful belligerent here since much of the world cannot agree. I think, however, that one can say quite properly that Iran, as a state, has engaged with numerous other states in an undeclared asymmetric war since 1979. Within that war, Iran has on numerous occasions committed acts that constitute war crimes through its own forces and those of its proxies - primarily by acts of violence against civilian populace in numerous countries.
Would a counter attack of a similar nature by Iran then be a war crime? My opinion is yes, as there are no exemptions for retaliation.
Since there has been a long, ongoing, de facto war, a simple act of violence may not necessarily be a war crime. It depends on the act itself and whether it is in contravention of one or another of the provisions of the LOAC. Deliberately striking a US base in the UAE is not a war crime; deliberately or indiscriminately striking a hotel is.
Have the attacks conducted so far on gas infrastructure and shipping been war crimes? Again, my opinion is yes.
It's a tough call. There is no general prohibition against destroying enemy property albeit there are various ones respecting, for example cultural objects or ones releasing dangerous forces such as dams or nuclear power plants. IMHO, oil and gas infrastructure would generally not be protected especially if used to support or fund a war effort.
Time and time again, war after war, decade after decade the LOAC are not applied evenly, and seldom applied at all relative to the rate of incidence. They certainly won’t be applied against any of the principal belligerents in this conflict.
No question: the LOAC is not applied evenly and I doubt it ever really has.
I think my government should be participating in the reopening of the Straights of Hormuz. Not because the US asked (demanded?) that we do, but because that is what is ethical and in the best interests of the world.
I have grave doubts about that. If countries who have a direct interest in keeping the strait open don't - China, India and Japan for example - then why should we. Moreover some of these are cutting deals with Iran to let their ships through so one can say the problem is solving itself albeit one can argue that point.
I think it’s in our best interest as a middle power with aspirations to have worldwide, but moderate, influence, to be part of an international coalition, which doesn’t include any of the three belligerents, to stabilize and protect non-belligerents, including the Straights off Hormuz.
I agree we should be taking a lead in negotiations but not physical acts unless and until a framework exists for such a force. That's peacekeeping 101. If it doesn't then you are looking at a peacemaking force which would first need international (read UN) approval and would need to be strong enough to do the job. I don't see that on the horizon.
We currently have non. It's being rebuilt but I have a hard time seeing either of the US or Iran being persuaded by anything Canada has to say. Trump may be looking for a way out of the mess he has generated but he'll want it on his terms. Don't take this as me disagreeing with what Trump has done. Iran needed (still needs) some serious stepping on the but, IMHO, the way this particular phase of what I consider a long standing war was executed leaves a lot to be desired. I think his administration seriously underestimated the resilience, military capability and strategy of the Iranian power core.
Boy! There have been a few posts since I started this response so I'll just stop here for lunch.
