Is the U.S. at War With Iran?

President Trump avoided asking Congress for permission before striking Iran, despite the Constitution saying only the legislature can declare war.

Demonstrators hold signs against the U.S. strikes against Iran in Washington outside the White House on Sunday.Credit...Eric Lee for The New York Times

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What are legal scholars saying?

Foreign Minister Abbas Araghchi of Iran called the U.S. attack an “outrageous, grave and unprecedented violation” of international law and of the United Nations charter.Credit...Khalil Hamra/Associated Press

Several lawyers and scholars who have studied the international law of armed conflict say the United States is without a doubt at war with Iran for purposes of application of that law, and that Mr. Trump acted in violation of international conventions.

“The short answer is that this is, in my view, illegal under both international law and U.S. domestic law,” said Oona Hathaway, a professor of international law at Yale Law School who has worked at the Defense Department.

Brian Finucane, a former lawyer at the State Department, agreed that Mr. Trump needed to ask Congress for authorization beforehand. He also said “there is certainly a U.S. armed conflict with Iran, so the law of war applies.”

On Sunday, Iran’s foreign minister, Abbas Araghchi, called the U.S. attack an “outrageous, grave and unprecedented violation” of international law and of the United Nations charter, which forbids U.N. members from violating the sovereignty of other members.

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https://www.nytimes.com/2025/06/22/us/politics/trump-strikes-war-iran.html