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Collective Punishment, Announced and Repeated

Azfar Bukhari Avatar

Governments rarely tell you what they are about to do to a civilian population. They act, then explain, and the explanation is usually a claim about military necessity assembled after the fact. The President of the United States has dispensed with that convention, and he has been dispensing with it since March. Speaking to Fox News on Tuesday, he said Iran’s power plants and bridges would be destroyed next week, and named the condition under which they would be spared: unless they get to the table and negotiate. The sentence is unusual not because the threat is severe but because the reasoning is visible. He has explained, on camera, the condition on which the lights stay on, and the condition he named is a diplomatic one.

What makes the remark worth attention is not its novelty. It has none. On 21 March he threatened to obliterate Iran’s power plants if the Strait of Hormuz was not reopened within forty-eight hours. On Easter Sunday in April he posted that Tuesday would be Power Plant Day, and Bridge Day, all wrapped up in one, with a deadline attached and an instruction to open the strait. Bridges were reported hit in the days around it, at Karaj, at Kashan, on the Tabriz road, though responsibility for individual strikes remains disputed. The deadlines passed, were deferred, and returned. What is being said this week has been said, in one form or another, for four months. That is the fact worth sitting with: the rationale has not slipped out once under pressure. It has been stated, restated, and stated again, and it has stopped sounding remarkable.

Read the construction rather than the volume. The destruction of a country’s electricity network is being offered as the consequence of a diplomatic refusal. The power plants are not described as targets that serve Iran’s war effort. They are described as pressure on a government that will not sit down. The distinction matters, since what is threatened is not the disabling of an enemy’s capacity but the withdrawal of ordinary life from ninety million people who have no vote on whether their foreign ministry returns to talks.

This publication argued a week ago, after a cruise missile struck a rail bridge in Golestan province, that Washington had begun treating trade infrastructure as a legitimate object of attack, and that the precedent would travel. That was offered as an inference, drawn from a single strike whose authorship the United States never confirmed. The inference was too cautious. The policy had been announced in March and restated at Easter, months before the Golestan missile was fired. There was nothing to deduce. It had been posted, with a deadline.

The record of what followed is murkier, and the distinction matters. Bridges were hit in Iran in early April, at Karaj, at Kashan, on the Tabriz road, and responsibility for individual strikes in that period has been attributed variously to American and Israeli forces. Those attributions are contested and this article does not resolve them. Nothing in the argument requires resolving them. The case rests on what the president said, repeatedly, in public, under his own name, and it would stand unchanged if every disputed strike report were withdrawn tomorrow. The words are not in dispute. Only the wreckage is.

That is the more troubling fact, and it inverts the usual worry about precedent. The concern with an unclaimed strike is that deniability lets a state break a rule without owning the breach. Here the intention has been owned from the beginning, repeatedly, in public, by the head of state, and the rule has held nobody back. A doctrine that must be inferred can at least be denied, and denial pays the rule the compliment of pretending to obey it. A doctrine posted on social media with a countdown does not bother. It is not that Washington has found a way around the prohibition on collective punishment. It is that saying the thing aloud, over and over, has turned out to cost nothing at all.

Repetition is how this works. The first threat to obliterate a country’s power plants is an outrage; the ninth is a news cycle. Each deferred deadline that passes without the grid going dark makes the threat sound like bluster rather than intent, and each restatement makes the underlying proposition, that a civilian population may be switched off to move a government, marginally more ordinary. The rule is not being broken so much as worn down. Silence from the states that claim to uphold it is not neutrality. It is participation in the wearing.

Europe does not need to work out its position, having already published it. When the president made a version of this threat in April, the United Nations High Commissioner for Human Rights, Volker Türk, said that deliberately attacking civilians and civilian infrastructure is a war crime. That is not a European statement. But it is the standard European governments have spent decades insisting is universal, in the Balkans, in Syria, and most loudly in Ukraine. There, the deliberate destruction of a power grid before winter was named a war crime by European leaders in unison, and correctly so.

The Ukrainian precedent is the one that binds. Europe built a moral case against Moscow’s campaign on the specific ground that a grid is not a battlefield and that freezing civilians to break a government’s will is a crime rather than a tactic. That case was right. It is also indivisible. A rule that applies when Russia switches off Kharkiv and lapses when Washington threatens Bandar Abbas is not a rule; it is a preference dressed as law, and every government in the world can see the difference. The credibility Europe spent four years accumulating on precisely this point is the credibility now at stake, and it can be spent only once.

The practical answer is not complicated, only uncomfortable. European governments should say plainly, before the strikes rather than after, that attacks on power plants and bridges conditioned on a diplomatic concession would be unlawful. They should say that such attacks would not be defended in any forum. And they should say that European states will not participate in them, facilitate them, or provide intelligence for them. That is three sentences, not a policy paper, and their absence is not caution. It is a decision, taken by silence, and it will be read as one in Tehran, in Moscow, and in Washington.

The answer from Tehran arrived on Thursday, and it is the shape of things when the rule goes. Iran’s Khatam al-Anbiya Central Headquarters announced that if attacks on the country’s infrastructure continue, all infrastructure serving the United States and its allies in the region will be crushed. Read that as what it is. A threat to destroy civilian infrastructure has produced a mirrored threat to destroy civilian infrastructure, and the second is now framed as a response to the first. Desalination plants in the Gulf, power stations in states that are party to nothing, the grid of any country that hosts an American base: all of it has been placed on a target list. The government doing the listing has learned what the rule is worth by watching how little it constrains its enemy.

None of this rests on the Islamic Republic deserving protection, which it does not need to for the argument to hold. Iran’s own threat is as unlawful as the one that provoked it, and saying so is not balance, it is the same principle applied twice. The laws of war are indifferent to the character of governments; that is the entire point of them. They protect the population of a state whose leadership is odious, since a population is not its leadership. A rule that shielded only the citizens of decent countries would shield almost nobody, and would not be a rule at all.

What is genuinely at issue is whether the prohibition on collective punishment survives being tested by the state that wrote it into the postwar order. A president has said aloud, since March, that a nation’s lights will go out unless its diplomats show up. The loudest response from Europe has been an expression of concern. On that record the prohibition will not be repealed. It will simply be shown to be unenforceable against the powerful, which in practice is the more durable outcome. The next leader who wants a grid dark will not need to invent a justification. The precedent, and the transcript, are already there.


A note on sourcing: This is a fast-moving story. The president’s remarks of 14 July were made in an interview with Fox News and have been reported by Fox News, the BBC, Stars and Stripes, and other outlets; his earlier threats of 21 March and 5 April, including the Truth Social post cited here, were reported by Reuters, Al Jazeera, CNBC, and Time, and the quotations follow that reporting. Strikes on bridges at Karaj, Kashan, and on the Tabriz road in early April were reported by the Associated Press and Iranian state media; responsibility for individual strikes in that period was variously attributed to American and Israeli forces and is not established here. The statement by Iran’s Khatam al-Anbiya Central Headquarters was published on 16 July and reported by Reuters and Iranian outlets. Reports of strikes on a grain silo in Hoveyzeh, a water pumping station in Mahshahr, and a mineral water plant in Ilam province are attributed to Iranian provincial officials and Iranian state media, have not been independently verified, and their civilian or military status has not been established; US Central Command describes its strikes as directed at military targets. The remarks by the UN High Commissioner for Human Rights responded to an earlier iteration of the threat in April. The legal argument above concerns the rationale the president stated, not any conclusion about a strike that has yet to occur; whether a given attack breaches international humanitarian law depends on facts that are not currently available. The scope of the military-objective test is itself contested between the United States and most non-American scholars, and the article addresses that dispute rather than assuming it away. The argument rests on the president’s own repeated public statements, which are not in dispute, and does not depend on the contested reports of individual strikes described above.

ABOUT THE AUTHOR

Azfar Bukhari is a senior analyst specialising in geopolitics, public diplomacy, migration, international trade, and investment. He is a regular contributor to The European Post.