Why Trump’s Iran Threats Are Raising War Crimes Concerns

By warning that the US would deliberately bomb civilian infrastructure in Iran and effectively bring the country to its knees if officials there don’t reopen the Strait of Hormuz, President Donald Trump drew criticism that he was threatening to commit war crimes. His comments also raised questions about whether he could ever be punished for such conduct.

War crimes, in theory, can be prosecuted under US law or by the International Criminal Court (ICC), a tribunal for holding accountable the worst offenders of international law. In reality, Trump would almost surely be protected from prosecution in the US over such actions following the Supreme Court’s 2024 decision granting absolute immunity to the president over his official conduct in office. Prosecution by the ICC would be equally unlikely because the US isn’t a member of the court.