Dershowitz: Iran Declared War on the United States

Iran has repeatedly engaged in what can be considered deliberate acts of war, known as “casus belli,” against the United States. The most recent incident involved the critical injury of an American soldier.

Since the attack by Hamas on Israel on October 7th, there have been reports of up to 100 Iranian-backed attacks across the Middle East on U.S. bases, ships, and personnel.

Iran has orchestrated these actions through its proxies and surrogates, including the Houthis, Iraqi militias, Hezbollah, and others.

Under the laws of war, an act of war can be attributed either to the nation itself, in this case, Iran, or to surrogates acting on its behalf with its approval or support.

There is no doubt, both from a legal and military perspective, that recent attacks on U.S. troops, including the one that resulted in a soldier’s serious injury, can be traced back to Iran. The United States has officially declared this and has responded, although some critics argue that the response has been inadequate.

In international law, when responding to military attacks, proportionality does not necessarily require an equal response. The attacked nation may use overwhelming and disproportionate force to deter or punish the aggressor as long as the attacks are directed at military targets.

International law also allows the counterattack to target broader military infrastructure beyond the specific elements involved in the initial attack. For example, the United States would be justified in targeting Iran’s potential nuclear arsenal in response to the attacks on American troops by Iranian proxies.

The issue at hand is not one of legality or morality. Iran has essentially declared war on the United States, and the attacked country can respond as it deems necessary against Iran’s military or its proxies. The crucial consideration is a matter of strategy, tactics, and diplomacy, specifically whether to escalate the conflict initiated by Iran.

Iran had previously declared war against Israel through its proxies and supported groups like Hamas, Hezbollah, and the Houthis, all of which engaged in hostilities against Israel. Israel is currently engaged in a justified all-out conflict with Hamas but has so far refrained from direct attacks on Iranian targets, with limited exceptions in Syria and Lebanon. It has also targeted a prominent Iranian commander.

However, Israel would be well within its rights to neutralize Iran’s nuclear weapons program, which poses a threat to the Jewish state. Recent reports suggest that Iran may be moving towards developing a nuclear arsenal once again, though caution is needed due to past intelligence inaccuracies.

The United States and Israel must assume that Iran, if unchecked, will eventually acquire a nuclear arsenal. This poses a significant global danger, as Iran could potentially share nuclear weapons with its proxies and surrogates, leading to catastrophic scenarios.

Given these circumstances, the time is right for both the United States and Israel to consider coordinated action against Iran’s nuclear capabilities. Under the laws of war and moral principles, they are justified in doing so.

Both nations have a critical interest in preventing Iran from acquiring a nuclear arsenal. Acting preemptively, as Israel did with Iraq, is wiser than acting too late, as happened with North Korea.

Ultimately, the goal of American and Israeli foreign and military policy should be to facilitate a regime change in Iran, as this aligns with the desires of the Iranian people and benefits global stability.

Previous approaches, such as negotiation, sanctions, and pressure tactics, have not yielded the desired results and have only emboldened the Iranian leadership. They are more likely to respond to superior force, which the United States possesses but has not yet employed.

The situation may resemble the pre-World War II era when Western allies attempted to negotiate with Nazi Germany to avoid conflict, ultimately failing and leading to immense loss of life. We must not repeat such historical mistakes, especially in the age of nuclear weapons.

Iran must be stopped, and the time to act is now. Only the United States and Israel, preferably in coordination, can prevent Iran from obtaining a nuclear arsenal. If not, Israel may be compelled to take unilateral action, given its inability to tolerate any risk of a nuclear-armed Iran.

The events of October 7th served as a stark reminder of the consequences of miscalculation, weakness, and unpreparedness. The brutality of that day offers a glimpse of what both Israel and the United States could face if Iran and its proxies gain access to nuclear weapons.

Daily True News

Daily True News