Thread: 1/ EU is wrong to call killing of Fakhrizadeh "a criminal act." The U.S. Army JAG Corps has explicitly taken the position that such a killing is legal during international armed conflict, using as an example the U.S.'s own nuclear weapons program. law.upenn.edu/institutes/cer…
2/ Per the JAG Corps' definitive memorandum: "More than 90% of the World War II Project Manhattan personnel were civilians, and their participation in the U.S. atomic weapons program was of such importance as to have made them liable to legitimate attack." law.upenn.edu/institutes/cer…
3/ The US JAG Corps memorandum explains that Project Manhattan civilians were legitimate targets for killing during wartime because they were "civilian scientists occupying key positions in a weapons program regarded as vital to a nation’s national security or war aims."
4/ Fakhrizadeh more than fit the description: he was not just an Iran nuclear weapons scientist but program chief, and per BBC also "head of the ministry of defence's research and innovation organisation." bbc.com/news/world-mid…
5/ Per BBC, Fakhrizadeh was also "senior officer of the Islamic Revolutionary Guard Corps," part of Iran armed forces, which has in its entirety been designated by US as terrorist org. Per JAG memo, F was legit target simply because IRGC officer, in addition to nuke weapon chief.
6/ Thus, existence of Iran-Israel international armed conflict means, according to longstanding interpretation of the US Army JAG Corps, that Israel would have had at least two fully sufficient rationales for killing Fakhrizadeh: his roles in 1) Iran nuke weapon program & 2) IRGC
7/ Its longtime war against Israel, w/frequent terror attacks, means Iran has no legal grounds to complain if Israel kills head of nuke arms program designed to provide Iran w/ means to achieve frequently expressed genocidal desire to wipe off map #Israel and its 6 million Jews.
8/ Worth noting that the US Institute of Peace lists dozens of ILLEGAL killings by the IRGC, of which Fakhrizadeh was a senior officer, across four continents. This includes scores of Jewish civilians in Argentina & Bulgaria, Iranian dissidents, others. iranprimer.usip.org/blog/2020/sep/…

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More from @ordefk

28 Nov
Thread: 1/ EU is wrong to call killing of Fakhrizadeh "a criminal act." The US Army JAG Corps has explicitly taken the position that such a killing is legal during international armed conflict, using as an example the U.S.'s own nuclear weapons program. law.upenn.edu/institutes/cer…
2/ Per the JAG Corps' memorandum: "More than 90% of the World War II Project Manhattan personnel were civilians, and their participation in the U.S. atomic weapons program was of such importance as to have made them liable to legitimate attack." law.upenn.edu/institutes/cer…
3/ The US JAG Corps memorandum explains that Project Manhattan civilians were legitimate targets for killing during wartime because they were "civilian scientists occupying key positions in a weapons program regarded as vital to a nation’s national security or war aims."
Read 7 tweets
27 Nov
Thread: 1/ To those calling illegal Israel's killing of Iran nuclear weapons program chief Fakhrizadeh: US Army JAG Corps has explicitly taken the position that such killing is legal during international armed conflict, using as an example the U.S.'s own nuclear weapons program.
2/ Per the JAG Corps' memorandum: "More than 90% of the World War II Project Manhattan personnel were civilians, and their participation in the U.S. atomic weapons program was of such importance as to have made them liable to legitimate attack."

law.upenn.edu/institutes/cer…
3/ Per BBC, Fakhrizadeh was not only participant but "head of the ministry of defence's research and innovation organisation," and "senior officer of the Islamic Revolutionary Guard Corps," which has in its entirety been designated by US as terrorist org.
bbc.com/news/world-mid…
Read 4 tweets
27 Nov
1/ No, the Fakhrizadeh killing is not a violation of international law. The reasoning of the US Military Academy's law department (in the Soleimani case) explains why. Iran & Israel are engaged in an international armed conflict.

lawfareblog.com/was-soleimani-…
2/ Fakhrizadeh, an IRGC official, was developing a weapon designed to enable Iran to achieve its genocidal vow to wipe Israel off the face of the earth. Israel has the right to defend itself, in accordance with Article 51 of the UN Charter.
3/ Further explanation as to why Israel's killing of Fakhrizadeh did not violate international law is set forth in the US Defense Department's "Hays Memorandum." The international armed conflict Iran has engaged in against Israel means that

law.upenn.edu/institutes/cer…
Read 4 tweets
2 Oct
Thread: 1/ Hezbollah just proved accurate #Netanyhu UN speech revealing 3 missile factories next to or under civilian homes. After speech, in effort to debunk, #Hezbollah gave tour of site. Tour video shows IT IS A MISSILE FACTORY, w/ missile production machines clearly visible.
2/ My article explains that #Hezbollah by placing missile factories next to or under civilian homes (apartment buildings here) is clearly using those civilians as human shields, which is a war crime under international law, prohibited by Geneva Convention. fdd.org/analysis/2020/…
3) In the face of such evidence, POTUS is required to impose sanctions on #Hezbollah officials by the Sanctioning the Use of Civilians as Defenseless Shields Act (Shields Act), which passed Congress unanimously and became law in 2018.
Read 7 tweets
29 Sep
Thread: 1/Why are #Azerbaijan & #Armenia fighting? When USSR broke up chaos was avoided by its successor states accepting previous boundaries despite numerous enclaves. Exception: Armenia seized part of Azerbaijan, in move rejected by UN & US. More: fdd.org/analysis/2020/…
2/"According to Serzh Sarkisian, who commanded the Armenian forces during the war and later became the country’s president, Armenia employed a deliberate policy of mass killing to cause the civilian Azerbaijani population to flee" Nagorno-Karabakh. 700,000 became refugees.
3/Now, fighting has restarted. Azerbaijan's president & military have said goal "to liberate our occupied lands" in N-K. The US & int'l community, which previously stepped in to calm tensions, are now distracted & the conflict could dangerously escalate. nytimes.com/2020/09/28/wor…
Read 4 tweets
26 Sep
Thread: 1/
@AOC needs a history lesson. #Rabin's funeral was attended by Pres. Mubarak of Egypt & King Hussein of Jordan, which lost the '67 war to Israel led by Rabin. Hussein gave a eulogy: "You lived as a soldier, and you died as a soldier of peace." baltimoresun.com/news/bs-xpm-19…
2/ @AOC: At Rabin's funeral King Hussein said, "As long as I live I will be proud to have known him, to have worked with him as a brother, a friend." Hussein was King of Jordan in '67 when it lost to IDF led by Rabin, and made peace with Israel only the year before Rabin's death.
3/@AOC: What's your excuse for withdrawing from the memorial for Rabin, who was such a brave peacemaker he was eulogized at his funeral "as a brother, as a friend" by King Hussein who was literally defeated in the '67 war by that same Yitzhak Rabin when he was IDF chief of staff?
Read 4 tweets

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