Preventing War by the United States against Iran

Article 2 (3) of the United Nations Charter requires the pacific settlement of the international dispute between the United States and Iran. To the same effect is article 33 and the entirety of Chapter VI of the United Nations Charter that mandate and set up numerous procedures for the pacific settlement of the international dispute between the United States and Iran. And of course Article 2(4) of the U.N. Charter prohibits both the threat and use of force by the United States against Iran.

Furthermore, both Iran and the United States are parties to the Kellogg-Briand Peace Pact of 1928, upon which legal basis the Nazi Leaders were prosecuted by the United States, inter alia, at Nuremberg for Crimes against Peace, sentenced to death, and executed. In Article I thereof the States Parties “condemn recourse to war for the solution of international controversies, and renounce it, as an instrument of national policy in their relations with one another." The United States has been illegally threatening war against Iran going back to the Bush Jr. Administration. Article II requires the United States only to pursue a pacific settlement of its international dispute with Iran: “The High Contracting Parties agree that the settlement or solution of all disputes or conflicts of whatever nature or of whatever origin they may be, which may arise among them, shall never be sought except by pacific means.”

Finally, both the United States and Iran are parties to the 1899 Hague Convention for the Pacific Settlement of International Disputes. This seminal Hague Peace Convention establishes numerous mechanisms for the pacific settlement of international disputes between contracting parties that are too numerous to analyze here. But they are discussed in detail in my book Foundations of World Order (Duke University Press: 1999). According to article 27 thereof, if a serious dispute threatens to break out between contracting powers, it was the DUTY of the other contracting powers to remind them that the Permanent Court of Arbitration in The Hague is open to them, and such reminder could not be treated as an unfriendly act of intervention by the disputants. Today the world needs one State party to either the 1899 Hague Convention for the Pacific Settlement of International Disputes or the 1907 Hague Convention for the Pacific Settlement of International Disputes to publicly remind both the United States and Iran that the Permanent Court of Arbitration in The Hague, together with its International Bureau and the entirety of the 1899 Hague Convention for the Pacific Settlement of International Disputes , are available to the two States in order to resolve their dispute in a peaceful manner.

After the terrorist assassination of Archduke Francis Ferdinand in Sarajevo in June of 1914, Serbia made an offer to Austria to submit the entire dispute to “the International Tribunal of The Hague”—i.e.,to the Permanent Court of Arbitration in The Hague. Austria did not accept the offer, the First World War broke out, and about 10 Million Human Beings were needlessly slaughtered. The death toll from World War III will be incalculable. Humanity must not allow our history to repeat itself! Otherwise, that could be the end of our Humanity.

Francis A. Boyle
Professor of International Law