STATEMENT OF THE FORMER JAGS WORKING GROUP ON INTERNATIONAL LEGAL OBLIGATIONS TOWARD DOWNED AIRMEN

The downing of a US Air Force F-15E with two crewmembers is at the top of the news. Fortunately, one crewmember has been rescued. The Former JAGs Working Group – attorneys who have served as military judge advocates and have united to oppose the Trump Administration’s systematic dismantling of the military’s legal, ethical, and moral guardrails – hopes the US rescue efforts underway will result in the missing crew member’s quick recovery. If that doesn’t happen and Iranian military forces capture the crewmember instead, we assert without hesitation or doubt that Iran must treat him or her in manner consistent with the Geneva Convention Relative to the Treatment of Prisoners of War.

As a matter of international law, the conflict initiated by the United States and Israel against Iran qualifies as an “international armed conflict.” As such, international humanitarian law – specifically, the Geneva Conventions – apply. All parties to this conflict – the U.S., Israel, and Iran – are subject to their provisions both because they are signatories to these treaties and because their provisions have become customary international law.

From the beginning of this conflict, our Working Group’s members have publicly expressed our hope that the parties to this conflict will abide by their international legal obligations even if their rhetoric doesn’t. For example, statements by the Secretary of Defense suggesting that “no quarter, no mercy” should be given to Iranian forces and that rules of engagement are “stupid” raise fears that military personnel will act accordingly and thereby commit war crimes. We hope U.S. military behavior on the battlefield will never reflect the Secretary’s irresponsible and dishonorable bluster.

Respect for the laws of armed conflict is a two-way street. We appeal to the men and women of the US military fighting this war to remember their obligations to the rule of law. We also expect and demand that if Iran captures this downed aircrew member or any US military personnel in the future, it will do likewise.

4 April 2026