Article 1, Paragraph 16 – Draft Articles on Responsibility of States for Internationally Wrongful Acts (ILC):
“Every internationally wrongful act of a State entails the international responsibility of that State.”
Article 31, Paragraph 17 – Draft Articles on Responsibility of States for Internationally Wrongful Acts (ILC):
“The responsible State is under an obligation to make full reparation for the injury caused by the internationally wrongful act.”
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The Principle of Proportionality
Article 51, Paragraph 3, of Additional Protocol I:
“Attacks which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated, are prohibited.”
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International Covenant on Civil and Political Rights (ICCPR)
Article 6, Paragraph 1, of the Covenant:
“Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.”
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Convention on the Rights of the Child (CRC)
Article 38, Paragraph 9, of the Convention on the R
“States Parties undertake to respect and to ensure respect for rules of international humanitarian law applicable to them in armed conflicts which are relevant to the child… States Parties shall take all feasible measures to ensure protection and care of children who are affected by an armed conflict.”
Article 28, Paragraph 10, of the Convention on the Rights of the Child:
“States Parties recognize the right of the child to education… They shall take appropriate measures such as the introduction of free and compulsory primary education for all.”
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The Principle of Distinction
Paragraph 1 – Article 48 of Additional Protocol I to the Geneva Conventions (1977):
“In order to ensure respect for and protection of the civilian population and civilian objects, the Parties to the conflict shall at all times distinguish between the civilian population and combatants and between civilian objects and military objectives and accordingly shall direct their operations only against military objectives.”
Paragraph 2 – Article 52 of Additional Protocol I:
“Civilian objects are all objects which are not military objectives. In case of doubt whether an object which is normally dedicated to civilian purposes (such as a school) is being used to make an effective contribution to military action, such an object shall be presumed not to be a military objective.”
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The Principle of Precaution in Attack
Paragraph 4 – Article 57 of Additional Protocol I:
“In the conduct of military operations, constant care shall be taken to spare the civilian population and civilian objects. With respect to planning and deciding upon attacks, all practical precautions must be taken to verify that the target is a military objective and is not subject to prohibitions.”
Paragraph 5 – Rule 15 of the ICRC Customary Law Study:
“In the conduct of military operations, constant care must be taken to spare the civilian population and civilian objects. All feasible precautions must be taken to avoid and in any event to minimize incidental civilian casualties and damage to civilian objects.”
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The Four Geneva Conventions and Additional Protocols
Paragraph 6 – Common Article 3 of the Four Geneva Conventions (1949):
“In the case of armed conflict not of an international character, each Party to the conflict shall be bound to apply, as a minimum, the following provisions:
Persons taking no active part in the hostilities… shall in all circumstances be treated humanely… The wounded and sick shall be collected and cared for without any adverse distinction.”
Paragraph 7 – Article 18 of the Fourth Geneva Convention (Protection of Civilian Persons in Time of War):
“Civilian hospitals organized to give care to the wounded and sick, the infirm and maternity cases, may in no circumstances be the object of attack.”
The Minab school was located adjacent to Shahid Absalan Clinic, which is itself a medical facility protected under the Geneva Conventions. Reports indicate that following the attack on the school, the clinic was also struck. This action constitutes a double violation of the Geneva Conventions.
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Peremptory Norms of International Law (Jus Cogens)
Paragraph 13 – Peremptory Norm Prohibiting Attacks on Civilians:
According to customary international law, the following rules are recognized as peremptory norms (Jus Cogens), from which no derogation is permitted:
– Prohibition of deliberate attacks on civilians
– Prohibition of crimes against humanity
– Prohibition of genocide
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War Crimes under the Rome Statute
Paragraph 14 – Article 8 of the Rome Statute (War Crimes):
“For the purpose of this Statute, war crimes means… intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated… intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes… provided they are not military objectives.”
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Crimes Against Humanity
Paragraph 15 – Article 7 of the Rome Statute (Crimes Against Humanity):
“For the purpose of this Statute, ‘crime against humanity’ means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:
… Murder… Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.”
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Charter of the United Nations
Paragraph 11 – Article 2(4) of the United Nations Charter:
“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.”
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Algiers Accords (1981) – Settlement of Claims between Iran and the United States
Paragraph 1 – Paragraph 1 of General Declaration A:
“The United States pledges that it is and from now on will be the policy of the United States not to intervene, directly or indirectly, politically or militarily, in the internal affairs of Iran.”
Paragraph 2 – Paragraph 2 of General Declaration A:
“The United States commits that it shall not prevent the use of, or support the use of, its territory as a base for military operations or any form of subversive action against Iran by any group, individual, or official authority.”
Paragraph 3 – Article 26 of the Vienna Convention on the Law of Treaties (1969) – Performance of Obligations:
“Every treaty in force is binding upon the parties to it and must be performed in good faith (bona fide).”
Although the Algiers Accords do not bear the title “treaty,” they are considered binding international agreements due to their registration with the United Nations and acceptance by both governments. Pursuant to Article 26 of the Vienna Convention, states are obligated to perform these commitments in good faith. Military action against Iran, regardless of any claim of error, has violated the performance in good faith (bona fide). The claim of “targeting error” cannot justify the breach of Paragraph 1 of the Declaration, because conducting military operations on Iranian soil without authorization from the Security Council or legitimate self-defense is prohibited per se.
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