National Security · Constitutional Law · Foreign Policy · Justice·March 13, 2026
Scholars called Trump's Iran desalination threat a war crime
Former State Dept. attorney called Trump's desalination threat a war crime
On March 30, 2026, President Trump posted on Truth Social: "we will conclude our lovely 'stay' in Iran by blowing up and completely obliterating all of their Electric Generating Plants, Oil Wells and Kharg Island (and possibly all desalinization plants!), which we have purposefully not yet 'touched.'" It was the 31st day of Operation Epic Fury. Trump set an April 6, 2026, deadline at 8 p.m. Eastern for Iran to reopen the Strait of Hormuz or face strikes. The post extended an earlier March 26 deadline by 10 days. Trump said Iran had asked for the extension and that he agreed because Iran allowed 10 oil tankers through the Strait as a confidence-building measure.\n\nKharg Island handles roughly 90 percent of Iran's crude oil exports. Striking power plants and oil wells would shut down electricity and industrial production. Desalination plants serve a different function: they supply drinking water to civilians. Trump's March 30 post was the first time he explicitly included civilian water infrastructure in his list of potential strike targets.
Iran's desalination plants supply the majority of drinking water to cities across the country's arid southern coast, including Bandar Abbas, Bushehr, Ahvaz, and Abadan. These cities sit in one of the world's driest regions, where annual rainfall averages less than 200 millimeters. Most have no viable alternative water source. The plants draw seawater from the Persian Gulf and convert it into potable water through heat-distillation or membrane filtration.\n\nThe threat carries consequences for U.S. allies as well. Gulf states including Bahrain, Kuwait, Qatar, and the UAE depend on desalination for between 50 and 95 percent of their municipal water supply. The Associated Press reported that Gulf nations hold only a few weeks of stored water reserves, meaning any large-scale disruption to regional desalination capacity would produce a humanitarian crisis across U.S.-allied territory within days.
Iranian Foreign Minister Abbas Araghchi said on March 30 that the United States had already struck a freshwater desalination plant on Qeshm Island, cutting water supply to 30 villages. Qeshm is Iran's largest island, located in the Strait of Hormuz with a population of roughly 130,000 people. The U.S. military did not confirm or deny Araghchi's claim. If accurate, strikes on civilian water infrastructure were already underway before Trump's March 30 post, not merely threatened.\n\nAraghchi also said Iran continued to reject direct negotiations with the United States. He had characterized the U.S. 15-point peace proposal on March 25 as "extremely maximalist and unreasonable" and described it as "deceptive and misleading in its presentation." Iran said it would only communicate through Pakistani mediators. Iran's parliament speaker publicly called the Islamabad diplomatic talks cover for a U.S. ground invasion.
International Humanitarian LawThe body of international law that regulates the conduct of armed conflict and protects civilians, prisoners, and the wounded.Key ConceptInternational Humanitarian LawThe body of international law that regulates the conduct of armed conflict and protects civilians, prisoners, and the wounded.Open concept directly addresses strikes on water supplies. Article 54 of Additional Protocol IA 1977 treaty that extends Geneva Convention protections to international armed conflicts.Key ConceptAdditional Protocol IA 1977 treaty that extends Geneva Convention protections to international armed conflicts.Open concept to the 1977 Geneva ConventionsFour international treaties that set the rules of war, including how soldiers, civilians, and prisoners of war must be treated.Key ConceptGeneva ConventionsFour international treaties that set the rules of war, including how soldiers, civilians, and prisoners of war must be treated.Open concept states: "It is prohibited to attack, destroy, remove or render useless objects indispensable to the survival of the civilian population, such as foodstuffs, agricultural areas... drinking water installations and supplies." The prohibition has no exception for military necessity and no exception for coercing a government into peace talks.\n\nThe United States signed Additional Protocol I in 1977 but has never ratified it, so the treaty is not binding on the U.S. under treaty law. A separate legal obligation applies regardless. The International Committee of the Red Cross's 2005 study on customary international humanitarian law identified the prohibition as Rule 54 of customary IHL. Customary IHL binds all states because the rule has been followed consistently enough across state practice to create a binding obligation independent of any treaty.
Marko Milanovic, a professor of public international law at the University of Reading, said ordering a strike on Iran's desalination plants would be "manifestly unlawful" under international humanitarian law. Yusra Suedi, an assistant professor of international law at the University of Manchester, called the threat "clearly an act of Collective PunishmentPunishing a group of people for the acts of their government, prohibited under international law.Key ConceptCollective PunishmentPunishing a group of people for the acts of their government, prohibited under international law.Open concept, which is prohibited under international humanitarian law," and said "you can't deliberately harm an entire civilian population to pressure its government." Suedi noted that Gulf states, including U.S. allies, would face severe water shortages if regional desalination capacity were struck.\n\nBrian Finucane, a senior adviser at the International Crisis Group and a former U.S. State Department attorney, wrote on March 31 that "the categorical and retributive framing of this threat to attack Iranian infrastructure makes clear that this is a threat to commit war crimes." Finucane distinguished between strikes on dual-use infrastructure with military functions and deliberately targeting water supplies as a coercive tool, and said Trump's post described the second category.
Amnesty International issued a formal statement on March 30, calling Trump's threat to attack Iran's power plants and desalination infrastructure a threat to commit war crimes under international humanitarian law. Human Rights Watch researcher Niku Jafarnia said "desalination facilities are oftentimes necessary for the survival of the civilian population and intentional destruction of those types of facilities is a War CrimeA serious violation of the laws of war that can result in criminal prosecution under international law.Key ConceptWar CrimeA serious violation of the laws of war that can result in criminal prosecution under international law.Open concept." Human Rights Watch had published a broader report on March 26 documenting violations of international humanitarian law by both U.S. and Iranian forces in Operation Epic Fury.\n\nFormer Swedish Prime Minister Carl Bildt posted on X the same day: "Attacking water desalination plants is attacking critical civilian infrastructure. It's with no doubt a war crime. If this escalates the consequences would be grave." Bildt had previously described the U.S.-Iran war as a "war of choice" in a March 2 CNBC interview. His March 30 post was among the first responses from a senior European political figure calling the desalination threat a war crime.
Defense Secretary Pete Hegseth has taken a series of actions since February 2026 that legal scholars say weaken the Pentagon's internal safeguards against violations of the laws of war. Hegseth fired the top military lawyers for the Army, Navy, and Air Force in February 2026. He dissolved the Pentagon's civilian harm mitigation program, which existed to track and reduce Civilian CasualtiesDeaths or injuries of non-combatant civilians caused by military operations, governed by international humanitarian law.Key ConceptCivilian CasualtiesDeaths or injuries of non-combatant civilians caused by military operations, governed by international humanitarian law.Open concept. At a Pentagon briefing on March 13, he declared "no quarter, no mercy for our enemies." The Pentagon's own Law of War Manual describes issuing "no quarter" orders as a war crime.\n\nHegseth also moved to demote Sen. Mark Kelly (D-AZ) after Kelly, a retired Navy combat pilot and captain who flew 39 combat missions, posted a video in November 2025 with five other Democratic veteran-lawmakers urging military personnel to "refuse illegal orders." A federal judge blocked the demotion in February 2026, ruling Hegseth's Pentagon had "trampled" on Kelly's First Amendment rights. The litigation over the Kelly case had already made the question of whether U.S. troops would follow unlawful orders a live federal court issue before Trump's March 30 post.
White House Press Secretary Karoline Leavitt told reporters on March 30 that the United States would act in "the confines of the law" while pursuing Operation Epic Fury's full objectives. Leavitt did not name any legal framework. She did not dispute that Trump's post encompassed desalination plants. The administration has not cited any legal authority that would permit strikes on civilian water infrastructure.\n\nThe U.S. military's own Law of War Manual, published by the Department of Defense and last updated in 2016, states that objects indispensable to the survival of the civilian population may not be attacked. The manual is not a treaty obligation, but it reflects the legal standards the U.S. military uses to train officers and evaluate targeting decisions. An officer who approved a strike on a desalination plant would face potential court-martial liability under the Uniform Code of Military Justice for violation of the Laws of Armed ConflictThe set of international rules that regulate how wars are fought, protecting civilians and requiring combatants to follow rules of engagement.Key ConceptLaws of Armed ConflictThe set of international rules that regulate how wars are fought, protecting civilians and requiring combatants to follow rules of engagement.Open concept.
Congress authorized Operation Epic Fury through an emergency AUMF passed on March 3, 2026, four days after the war began on February 28. That authorization covered strikes against Iran's military capabilities, the IRGC Navy, and Iran's nuclear program. It did not authorize strikes on power plants, oil fields, or desalination plants. No congressional action since March 3 has expanded the AUMF's scope.\n\nThe War Powers ResolutionA 1973 statute requiring the President to notify Congress of troop deployments and limiting combat operations to 60 days without congressional authorization.Key ConceptWar Powers ResolutionA 1973 statute requiring the President to notify Congress of troop deployments and limiting combat operations to 60 days without congressional authorization.Open concept's 60-day clock, which started when U.S. forces entered combat on February 28, expires in late April 2026. Congress left for a two-week Easter recess on March 29, one day before Trump's desalination post, and won't return until April 13-14. If Trump carries out strikes on civilian infrastructure on April 6, Congress won't be in session to vote on whether the expansion is authorized, and the 60-day withdrawal clock will continue running toward its late-April deadline with no congressional action in sight.
The Strait of Hormuz remained effectively closed to most commercial tanker traffic on March 30. Iran had allowed 20 Pakistani-flagged ships through as a confidence-building measure tied to the Islamabad peace talks, two per day. The partial opening had no effect on global oil markets. Brent crude futures rose more than 5.6 percent to $108.01 per barrel on March 30 as traders priced in the risk of strikes on Iranian energy infrastructure. Gas prices in the United States crossed $4 per gallon that same day for the first time since 2022.\n\nIran's position at the negotiating table reflected its stated five-point conditions for ending the war, which Araghchi reiterated on March 30: U.S. military withdrawal, war reparations, Iranian sovereignty over the Strait of Hormuz, sanctions relief, and a guarantee against future military action. The gap between those conditions and the U.S. demand that Iran dismantle its nuclear program and submit to international inspection left no visible path to a deal before the April 6 deadline.