The United States military strikes against Iran have led to a national and international debate over whether the Trump administration acted legally and followed the protocols for the use of force as laid out in the War Powers Act passed by Congress in 1973. The Act stipulated that the President notify Congress within 48 hours of deploying troops, limits unauthorized engagements to 60 days and requires consultation “in every possible instances.” Democrats in Congress have declared that the attacks on Iran are illegal because they violate the War Powers Act, while President Trump justifies the attacks as within his constitutional prerogative as “commander in chief of the armed forces” and his responsibility to protect the United States from attack by Iran’s nuclear weapons and long-range missiles.
The issue of legality/illegality of the war is at the center of the controversy as critics of the President’s decision state that there is no evidence that Iran was preparing to use its nuclear and missile arsenal against the United States or its ally, Israel. Rather the narrative for the legality of the war has switched to regime change by eliminating the religious leadership of the country and the repressive military forces that support the religious leaders. President Trump has encouraged the Iranians to move to a more open, free and democratic nation. As Trump stated regarding the purpose of the attack, “to the great, proud people of Iran, I say tonight that the hour of your freedom is at hand…when we are finished take over your government. It will be yours to take. This will be probably your only chance for generations.”
While Congress debates the applicability of the War Powers Act to the attacks on Iran, there is another approach to examining the justification for the war that dates back to the 4th century and the Christian bishop of Hippo in Algeria, St. Augustine. Augustine believed that the only reason to go to war was the desire for peace. Augustine’s thinking on the legitimacy of war developed over time into the Just War Theory. As articulated by Augustine and later Christian theologians, the key elements of the Just War Theory included the following principles:
- The war must be for a just cause — achieving peace.
- The intention behind the war must be good.
- All other ways of resolving the problem should have been tried first.
- There must be a reasonable chance of success.
- The means used must be in proportion to the end that the war seeks to achieve.
- Innocent people and non-combatants should not be harmed.
President Trump’s justification for the attack on Iran does not align clearly with the Just War Theory of Augustine and other church leaders. There is little mention of peace as the driving force of the attack on Iran or that all methods of resolving the problem were tried or that the United States was committed to a proportional response that did not harm innocent people and non-combatants. Furthermore, by suggesting that the war could last for weeks and that more soldiers and civilians could be killed, the principles of proportionality and non-combatant deaths was undermined as at least 160 Iranian school children were killed in a U.S. missile strike. (The U.S. may be responsible for the strike, but has not acknowledged the source of the missile.) Instead, Trump accented the objective of “defending the American people” (from unverified nuclear and missile strikes) and protecting “national security interests” (unnamed). Furthermore, by naming the attack on Iran “Epic Fury” and promising a new undefined “blue wave” attack against the Iranian government, the Trump administration revealed a bold commitment to use military force and violence as the dominant means of achieving its objectives.
As a modern-day leader of the Catholic faithful Pope Leo in his address on the Iran war continued his criticism of the Trump administration and it use of military means and “zeal for war.” As Leo stated, the “spiral of violence” risks becoming “an unbridgeable chasm” and further that “peace is not built with mutual threats and death dealing arms which sow destruction, pain and death but only through a reasonable, authentic and responsible dialogue.” Leo did not mention the Augustinian Just War Theory in his address, but it is obvious from his comments that he views the Trump attack on Iran as not supported by the fundamental principles of peace and diplomacy that form the basis for bringing an end to the crisis in the Middle East.
While the Theory of Just War is primarily a philosophical doctrine that underscores the inner tension between human conflict and peace, the thinking of St. Augustine and Pope Leo does not address issues such as how nations at war can develop workable diplomatic solutions to lessen tensions or what nations in conflict can do to foster a governing climate that enhances clear rules of conduct or how powerful leaders that oppose positive change can be removed from office? At this stage in the U.S.-Iran war there is mounting concern that the Trump administration has little understanding of where the conflict is headed (the endgame) or even more disturbing whether the Trump administration is willing to admit that despite killing key leaders like the Supreme Leader Ali Khamenei and over 40 members of his inner circle, the prospect of a new leadership group that is more moderate and secular may not be able to rise to power. Although the Trump administration has yet to state it publicly, the powerful Revolutionary Guards and the national police remain in place and have the capability to control the future of Iran.
At this stage in the conflict with Iran there are just too many signs that the Trump administration has taken the United States into an unjust war that violates the principles of Augustine’s Just War doctrine and Pope Leo’s condemnation of Trump’s “zeal for war.” Sadly, there is little talk of a peaceful resolution of the war, a commitment to avoid killing innocents and an end to expanding the conflict in ways that make a diplomatic solution nearly impossible. As the Just War Theory shows, war can under certain circumstances be righteous, but not the war in Iran. President Trump has taken the nation down the road to an illegal and unnecessary conflict.