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The US Attack on Iran Was Legal

A satellite image shows airstrike craters over the underground centrifuge halls of the Natanz Enrichment Facility, following US airstrikes amid the Iran-Israel conflict, in Natanz County, Iran, June 22, 2025. Photo: Maxar Technologies/Handout via REUTERS
After June 21, when the US bombed critical nuclear sites in Iran, some members of Congress called the mission illegal. It appears the hostilities have ended for now. But the legality of “Operation Midnight Hammer” is still debated.
The question boils down to three issues: Was the US entitled under international law to enter the war? Did President Trump have authority under US law to order the use of military force? And did the undertaking comply with the United Nations International Atomic Energy Agency (IAEA) requirement to protect nuclear facilities?
When a US ally is subject to an armed attack or “imminent” armed attack, the US may lawfully assist the ally’s defense. The authority for the intervention is enshrined in Article 51 of the United Nations Charter, which guarantees “the inherent right of individual or collective self-defense.” The multinational military incursions in Kuwait in 1991 and Afghanistan in 2001 were considered valid acts of collective self-defense.
Israel suffered two forms of Iranian armed attack. Iran orchestrated armed attacks on Israelis for decades through terrorist proxy groups based in territories surrounding Israel. And Iran directly attacked Israel with two waves of missiles and drones in 2024. Meanwhile, Iran posed an imminent threat of attack because it was becoming a nuclear threshold state while obsessively threatening to annihilate Israel.
Iran observers are unsure how close the regime came to nuclear weaponization. The bomb-making task requires highly enriched uranium, a triggering device, and a delivery vehicle such as a ballistic missile. On April 17, IAEA Director General Rafael Grossi warned that Iran had all the weaponizing “puzzle pieces” and was “not far” from putting them together.
Two months later the IAEA reported that Iran had illegally stockpiled over 400 kg of highly enriched uranium, enough to make several nuclear bombs. Estimates on the remaining time needed to complete the lethal puzzle ranged from months to a year.
Some critics of the American-Israeli collective self-defense welcomed the erasure of Iran’s nuclear facilities but insisted President Trump lacked authority to order the operation without a Congressional declaration of war under Article I of the Constitution. The executive and legislative branches of the US government have long debated the Constitutional power to declare war, and the courts have never resolved the standoff.
A 2016 Department of Justice report formalized the executive branch position on the Constitutional dispute. It defines “war” for the purposes of Article I as a prolonged and substantial military engagement. If there’s no war, there’s no need for a declaration of war. For example, the DOJ opined that a two-week air campaign involving 2,300 combat missions, and an air campaign involving over 600 missiles and precision-guided munitions, did not amount to wars.
Under the DOJ framework, the June 21 assault on Iran’s nuclear program was certainly not a war. The counterproliferation scheme involved just 75 precision guided weapons in a one-day surgical strike. Seven US Air Force B-2 stealth bombers in a “package” of 125 aircraft dropped less than 20 bombs on two nuclear sites, and a US submarine fired dozens of Tomahawk missiles at a third nuclear site. The pilots spent only two and a half hours in Iranian airspace.
Members of Congress who raised the Constitutional challenge also claim that the president violated the War Powers Resolution of 1973 (WPR). Under the WPR, the president may commit armed forces to “hostilities” only if there is a Congressional “declaration of war,” a “specific statutory authorization,” or a “national emergency” created by an attack on the US or its armed forces. Once the military action starts, the president must report to Congress within 48 hours and must stop the action within 60 days unless Congress gives its approval.
Presidents of both parties have repeatedly ignored the three WPR prerequisites to the use of military force. Congressional acquiescence was treated as consent. In the tacit understanding, a president may initiate armed force if it is more surgical than “war” as defined by the DOJ framework and it serves “important national interests.” Consistent with that policy, President Trump described the June 21 action as “a precision strike” that served “vital United States interests.” The vital US interest was the same one emphasized by every US president since 2003, when the IAEA first disclosed Iran’s clandestine plan to develop nuclear weapons. President Trump said the violently anti-Western regime must never acquire a nuclear bomb.
Assuming the US raid in Iran was validly authorized, the only remaining question is whether it was validly implemented. IAEA standards prohibit attacks on nuclear facilities “devoted to peaceful purposes.” Director General Grossi stressed this point in his June 13 Statement on the Situation in Iran, while calling for a diplomatic solution to the Israel-Iran conflict.
Significantly, the Statement did not say Iran’s nuclear facilities were peaceful. Nor did it accuse Israel of violating any IAEA rule. The military nature of Iran’s nuclear facilities made them legally targetable for attack.
It is not legally clear when a US president may wield military might. But based on the written law and past US practice, Operation Midnight Hammer was a valid use of force.
Joel M. Margolis is the Legal Commentator, American Association of Jewish Lawyers and Jurists, U.S. Affiliate of the International Association of Jewish Lawyers and Jurists. His 2021 book, The Israeli-Palestinian Legal War, analyzed the major legal issues in the Israeli-Palestinian conflict. Previously he worked as a telecommunications lawyer in both the public and private sectors.
The post The US Attack on Iran Was Legal first appeared on Algemeiner.com.
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After False Dawns, Gazans Hope Trump Will Force End to Two-Year-Old War

Palestinians walk past a residential building destroyed in previous Israeli strikes, after Hamas agreed to release hostages and accept some other terms in a US plan to end the war, in Nuseirat, central Gaza Strip October 4, 2025. Photo: REUTERS/Mahmoud Issa
Exhausted Palestinians in Gaza clung to hopes on Saturday that US President Donald Trump would keep up pressure on Israel to end a two-year-old war that has killed tens of thousands and displaced the entire population of more than two million.
Hamas’ declaration that it was ready to hand over hostages and accept some terms of Trump’s plan to end the conflict while calling for more talks on several key issues was greeted with relief in the enclave, where most homes are now in ruins.
“It’s happy news, it saves those who are still alive,” said 32-year-old Saoud Qarneyta, reacting to Hamas’ response and Trump’s intervention. “This is enough. Houses have been damaged, everything has been damaged, what is left? Nothing.”
GAZAN RESIDENT HOPES ‘WE WILL BE DONE WITH WARS’
Ismail Zayda, 40, a father of three, displaced from a suburb in northern Gaza City where Israel launched a full-scale ground operation last month, said: “We want President Trump to keep pushing for an end to the war, if this chance is lost, it means that Gaza City will be destroyed by Israel and we might not survive.
“Enough, two years of bombardment, death and starvation. Enough,” he told Reuters on a social media chat.
“God willing this will be the last war. We will hopefully be done with the wars,” said 59-year-old Ali Ahmad, speaking in one of the tented camps where most Palestinians now live.
“We urge all sides not to backtrack. Every day of delay costs lives in Gaza, it is not just time wasted, lives get wasted too,” said Tamer Al-Burai, a Gaza City businessman displaced with members of his family in central Gaza Strip.
After two previous ceasefires — one near the start of the war and another earlier this year — lasted only a few weeks, he said; “I am very optimistic this time, maybe Trump’s seeking to be remembered as a man of peace, will bring us real peace this time.”
RESIDENT WORRIES THAT NETANYAHU WILL ‘SABOTAGE’ DEAL
Some voiced hopes of returning to their homes, but the Israeli military issued a fresh warning to Gazans on Saturday to stay out of Gaza City, describing it as a “dangerous combat zone.”
Gazans have faced previous false dawns during the past two years, when Trump and others declared at several points during on-off negotiations between Hamas, Israel and Arab and US mediators that a deal was close, only for war to rage on.
“Will it happen? Can we trust Trump? Maybe we trust Trump, but will Netanyahu abide this time? He has always sabotaged everything and continued the war. I hope he ends it now,” said Aya, 31, who was displaced with her family to Deir Al-Balah in the central Gaza Strip.
She added: “Maybe there is a chance the war ends at October 7, two years after it began.”
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Mass Rally in Rome on Fourth Day of Italy’s Pro-Palestinian Protests

A Pro-Palestinian demonstrator waves a Palestinian flag during a national protest for Gaza in Rome, Italy, October 4, 2025. Photo: REUTERS/Claudia Greco
Large crowds assembled in central Rome on Saturday for the fourth straight day of protests in Italy since Israel intercepted an international flotilla trying to deliver aid to Gaza, and detained its activists.
People holding banners and Palestinian flags, chanting “Free Palestine” and other slogans, filed past the Colosseum, taking part in a march that organizers hoped would attract at least 1 million people.
“I’m here with a lot of other friends because I think it is important for us all to mobilize individually,” Francesco Galtieri, a 65-year-old musician from Rome, said. “If we don’t all mobilize, then nothing will change.”
Since Israel started blocking the flotilla late on Wednesday, protests have sprung up across Europe and in other parts of the world, but in Italy they have been a daily occurrence, in multiple cities.
On Friday, unions called a general strike in support of the flotilla, with demonstrations across the country that attracted more than 2 million, according to organizers. The interior ministry estimated attendance at around 400,000.
Italy’s right-wing government has been critical of the protests, with Prime Minister Giorgia Meloni suggesting that people would skip work for Gaza just as an excuse for a longer weekend break.
On Saturday, Meloni blamed protesters for insulting graffiti that appeared on a statue of the late Pope John Paul II outside Rome’s main train station, where Pro-Palestinian groups have been holding a protest picket.
“They say they are taking to the streets for peace, but then they insult the memory of a man who was a true defender and builder of peace. A shameful act committed by people blinded by ideology,” she said in a statement.
Israel launched its Gaza offensive after Hamas terrorists staged a cross border attack on October 7, 2023, killing some 1,200 people and taking 251 people hostage.
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Hamas Says It Agrees to Release All Israeli Hostages Under Trump Gaza Plan

Smoke rises during an Israeli military operation in Gaza City, as seen from the central Gaza Strip, October 2, 2025. Photo: REUTERS/Dawoud Abu Alkas
Hamas said on Friday it had agreed to release all Israeli hostages, alive or dead, under the terms of US President Donald Trump’s Gaza proposal, and signaled readiness to immediately enter mediated negotiations to discuss the details.