The escalating conflict with Iran has led to airstrikes on infrastructure in the Middle East and threats to strike oil refineries, power plants and seawater desalination plants that supply the civilian population – actions that some experts say may amount to war crimes.
What does international law say?
The 1949 Geneva Conventions on Humanitarian Conduct in Time of War prohibit attacks on objects considered vital to the civilian population: "In no case shall actions be taken against such objects which would cause a shortage of food or water for the civilian population to such an extent as to cause starvation or to compel it to move."
They specifically prohibit attacks on "objects indispensable to the survival of the civilian population, such as foodstuffs, agricultural areas for the production of food, crops, livestock, installations and supplies of drinking water and irrigation facilities..."
Have arrest warrants been issued for attacks on infrastructure in other conflicts?
The International Criminal Court cited attacks on vital infrastructure, such as power plants and oil refineries in Ukraine, in its arrest warrants for political and military leaders in Russia.
In July 2024, the International Criminal Court (ICC) indicted Sergei Shoigu, the former Russian defense minister, and Valery Gerasimov, the chief of the Russian armed forces' general staff, on war crimes charges for attacks on Ukraine's energy grid in the dead of winter.
Russia has denied the war crimes charges and says it launched a special military operation in Ukraine in February 2022 in self-defense.
In the ICC arrest warrant for Israeli Prime Minister Benjamin Netanyahu, the judges "consider that there are reasonable grounds to believe that both intentionally and deliberately deprived the civilian population in Gaza of items essential for their survival, including food, water, medicine and medical supplies, as well as fuel and electricity".
The power outage and reduction in fuel supplies "have had a serious impact on the availability of water in Gaza and the ability of hospitals to provide medical care", the judges found. The conditions "have led to the deaths of civilians, including children, from malnutrition and dehydration," they said.
Israel also denies accusations of war crimes and says it has been striking armed groups in Gaza and Lebanon in self-defense against an existential threat.
Can they be considered "military objectives"?
The Geneva Conventions and their additional protocols stipulate that parties to a military conflict must distinguish between "civilian objects and military objectives" and that attacks on civilian objects are prohibited.
This prohibition is also enshrined in the Rome Statute of the ICC, which is recognized as the final court by 125 countries, but whose statute has not been signed by major powers such as Russia, the United States and China.
The Geneva Conventions state that certain infrastructure owned and used by civilians may be considered military objectives, but only "objects which by their nature, location, purpose or use make an effective contribution to the conduct of hostilities" and whose destruction or capture "secures a definite military advantage".
Which court can prosecute violators?
It is unlikely that a case related to the current conflict in the Middle East will be heard by the war crimes court in the near future. None of the Gulf states, Israel or Iran are members of the International Criminal Court. There is no other institution with clear jurisdiction over alleged war crimes in the region.
Disagreements within the UN Security Council, which can refer cases to the court in The Hague, mean that it is also unlikely that a case related to the conflict will be referred to the court.
National authorities could gather evidence of alleged war crimes and prosecute them under so-called universal jurisdiction laws, but there are currently no public cases.
Translated from English: Asen Georgiev, BTA