Iran: At War With The USA

Apparently, it is still controversial to acknowledge the state of war that currently exists between the United States and the Islamic Republic of Iran. The Biden administration certainly doesn’t want to acknowledge this fact.

But, it is fact, and as I have said before, facts are stubborn things.

There is no definition of “war” in the United States code of law, but 8 USC § 2331(4) does define an “act of war.”  “The term “act of war” means any act occurring in the course of— (A) declared war; (B) armed conflict, whether or not war has been declared, between two or more nations; or (C) armed conflict between military forces of any origin.”  “Armed conflict” is defined by the Geneva Protocols, Common Article 2, which the U.S. has adopted, as “all cases of declared war or of any other armed conflict which may arise between two or more of the (states), even if the state of war is not recognized by one of them.”  This “exists whenever there is a resort to armed force between States” and “can always be assumed when parts of the armed forces of two States clash with each other.”

So, if parts of the armed forces of the U.S. and the Islamic Republic of Iran clash, then there is an armed conflict between those two states. And if there is an armed conflict between them, with acts of war, then they are at war.

As we all know, on January 28, 2024, an Iranian proxy terror group, the Islamic Resistance in Iraq, struck U.S. service members in Jordan with a drone and killed three of them, and also wounded another 40 American troops. “The Islamic Resistance in Iraq is a clearinghouse or front group for attack claims against the U.S. military in Iraq and Syria by smaller Iran-backed militias, which are likely fronts for larger militias such as Hezbollah Brigades, Asaib Ahl-al Haq, Harakat Hezbollah al Nujaba, and Kata’ib Sayyid al-Shuhada.” The Hezbollah Brigades are further described as being led by an (Islamic Revolutionary Guard Corps) IRGC Quds Force officer, and he and the “(o)ther militia commanders have sworn to unquestionably follow the orders of Iran’s Supreme Leader. The IRGC armed, trained​,​ and funded these militias, as well as gave them safe haven on Iranian territory.”  In fact, the IRGC also plans their attacks, as admitted by their leader, who said “I will not shy away from mentioning the support of the Islamic Republic of Iran in terms of weapons, advising, and planning.”

Since Iran is arming, training,​ funding, advising, and planning this and other attacks with the Hezbollah Brigades, which is led by an IRGC Quds Force officer, this clearly makes the Brigades a part of the Iranian armed forces. Which means that there is an armed conflict, and this is an act of war.

But this is not the only act of war that Iran has committed against the U.S.  Here are just some of their ‘Greatest Hits’:

In 1979, Iranian students stormed the U.S. Embassy, and took 52 (originally 66) of its personnel hostage for 444 days. This was a clear violation of international law.  Iranian Foreign Minister I. Yazdi, along with other Iranian officials, indicated official Iranian support for the seizure when he said, “The action of the students enjoys the endorsement and support of the government.”  Reza Kahlili, an Islamic Republic defector, confirmed that the Iranian government was involved in this seizure in his book.

In 1983, Hezbollah bombed the U.S. Marine Barracks in Beirut and killed 241 American servicemen who were sent to Lebanon for peacekeeping purposes. Declassified U.S. intelligence shows that the bombings were carried out at Iran’s command.

From 2003 to today, in Iraq, at least 603 American soldiers were killed or wounded by roadside bombs or other weapons that were constructed, and supplied, by Iran to Iraqi rebels. These and other attacks were often personally directed by IRGC General Qasem Soleimani, the head of the Quds Force, who “was actively developing plans to attack American diplomats and service members in Iraq and throughout the region.  General Soleimani and his Quds Force were responsible for the deaths of hundreds of American and coalition service members and the wounding of thousands more.” Soleimani was later assassinated by the U.S., under the Trump administration, because of his culpability in slaughtering American soldiers.

In 2011, Iran conspired to bomb a Georgetown restaurant to kill a prominent Saudi diplomat. This might have killed dozens, if not hundreds, of American civilians on our own soil, although, luckily, this bombing was prevented.  An IRGC Iran-based member of Iran’s Qods Force was legally charged for plotting this attack.

And there are other hostile actions by the Islamic Republic that are acts of war.

These acts of war are accompanied by many other indications that the Islamic Republic truly despises, and is at war with, the United States. The Iranian regime educates its children to treat our nation as an infidel country and as the Satanic enemy of Islam.  Every year since 1979, on November 4th, the day the U.S. Embassy was seized, the Islamic Republic sponsors a “Death to America” day.  The Iranian regime also frequently refers to the United States as “The Great Satan”.  The Iranian regime promotes demonstrations where the American flag is burned or tread upon.  They have even turned the U.S. Embassy that they illegally seized into an anti-American museum.

One would think that all of this would clue in the President, and his administration, that the U.S. is at war with the Islamic Republic of Iran. But no, they seem to be immune to such logic.  Perhaps it is because Joe Biden is a public official who has “been wrong on nearly every major foreign policy and national security issue over the past four decades,” according to former Secretary of Defense, Robert Gates, who served under both President’s Bush and Obama?

But I have a plan for solving this problem. My humble suggestion is that it is way past the time for President Biden, and his administration, to do what I suggested for his predecessor, President Obama, and adopt the Costanza Doctrine. If every instinct he has is wrong, then the opposite would have to be right.

Just acknowledge the Islamic Republic is at war with the U.S., Mr. President.

Adam Turner is a foreign policy expert and national security professional, with two decades of experience on Capitol Hill and in Washington DC.