The escalating conflict in Iran has resulted in airstrikes targeting crucial infrastructure throughout the Middle East, with threats to attack oil facilities, power plants, and desalination facilities crucial for civilians. Some experts warn that such actions could constitute war crimes if enacted.
What does international law dictate?
The 1949 Geneva Conventions explicitly forbid attacks on sites deemed essential for civilian populations, ensuring they are not deprived of food or water, which could lead to starvation or forced displacement.
Additionally, these conventions prohibit attacks on “objects vital to the survival of civilians,” including food supplies, agricultural areas, water sources, and irrigation systems.
Have previous warrants been issued for infrastructure attacks in other conflicts?
The International Criminal Court referenced attacks on critical infrastructure, such as power and fuel plants in Ukraine, in issuing arrest warrants for political and military leaders in Russia.
In a specific case in July 2024, the ICC accused former Russian Defense Minister Sergei Shoigu and Russian General Valery Gerasimov of war crimes for targeting Ukraine’s power grid during winter.
Russia has denied these allegations, stating that its military operation in Ukraine was launched in self-defense.
The ICC’s arrest warrant for Israeli Prime Minister Benjamin Netanyahu cited intentional deprival of essential items to Gaza’s civilian population, resulting in dire consequences.
Israel refutes these war crimes allegations, justifying its actions as self-defense measures against perceived threats.
Could these targets be classified as ‘military’?
The Geneva Conventions and related protocols require parties in a military conflict to differentiate between civilian and military objectives, expressly forbidding attacks on civilian entities.
This prohibition is reinforced in the Rome Statute of the ICC, although major powers like Russia, the US, and China are not part of it.
In certain instances, civilian infrastructure may be deemed military objectives if they contribute significantly to military operations and their destruction provides a clear military benefit.
How can violations be prosecuted?
The current Middle East conflict is unlikely to face war crimes charges soon, given that none of the involved parties belong to the ICC. The UN Security Council’s internal divisions also make referral unlikely.
National authorities could potentially prosecute alleged war crimes under universal jurisdiction laws, but no public cases have emerged thus far.
