By Mathias Risse, Harvard University

İsfahan, İsfahan, İran  Mother Walking with Child in Alley

The views expressed below are those of the author and do not necessarily reflect those of the Carr-Ryan Center for Human Rights or Harvard Kennedy School. These perspectives have been presented to encourage debate on important public policy challenges. 

 

April 7, 2026, a Date That Will Live in Infamy 

On April 7, 2026, the President of the United States wrote on social media that "a whole civilization will die tonight, never to be brought back again." He was speaking of Iran and its 90 million people.

When Japan attacked Pearl Harbor on December 7, 1941, U.S. President Franklin Delano Roosevelt spoke of "a date which will live in infamy." There are many ways for days to live in infamy, and surely a sitting U.S. President threatening to commit genocide counts among them. 

To be sure, the Pearl Harbor parallel is also revealing in its asymmetry. Roosevelt was describing an attack visited upon America from without. What we are describing now is an American president threatening an attack upon a foreign civilian population of 90 million. The infamy is not something done to the United States but something being threatened by it, something threatened by its elected leader, in its name, with its military, before the entire world.

One of the major themes in political theorist Hannah Arendt's understanding of politics was that political action is distinguished from other forms of human activity by the fact that it is irreversible. Once done, political action cannot be undone, it can only be atoned for or answered. Trump's statement, whatever military action follows or does not follow from it, is already irreversible in this sense. No matter how this week will end, his statement has already done its work in the world. 

Once done, political action cannot be undone, it can only be atoned for or answered. Trump's statement, whatever military action follows or does not follow from it, is already irreversible in this sense.

The Speech Act That Is Already a Crime

To understand why, it helps to explore what kind of statement this is. In philosopher J.L. Austin's terms, it is not a constative utterance — a description of a fact — but a performative one: a speech act that does something in the world by being uttered. And what it does is terrorize. 

Additional Protocol I to the Geneva Conventions prohibits "acts or threats of violence whose primary purpose is to terrorize civilians.” 

Trump's statement — issued on the morning of a self-imposed deadline, to an audience of millions, by the commander-in-chief of a military actively striking Iran — is such a threat. It is not background noise. It is a weapon. The 90 million Iranians who read it, heard it, or had it reported to them felt its massive weight as a physical fact. Nor is the distress of their relatives abroad — people who woke up that Tuesday morning to learn that a president with unmatched military power had vowed their civilization would not survive the day — a secondary or incidental harm. It is the primary and foreseeable effect of the statement. 

The Nuremberg tribunals, which tried major Nazi war criminals, understood this dimension of language and atrocity. German publicist Julius Streicher was convicted not for personally ordering a single killing but for the sustained incitement of a population toward genocide through speech. Nuremberg established the principle that words directed at the destruction of a people carry criminal weight. And that principle is one of the foundational achievements of the post-war legal order. It was built on the recognition that the language of civilizational destruction is not merely the symptom of atrocity but one of its instruments. 

Trump's statement meets that threshold with a directness Streicher's propaganda never did.

 

The Paradox of Clarity Without Accountability

Legal commentator Ingrid Burke Friedman is right: Trump’s statement is the clearest case of declared genocidal intent in modern international criminal law — and it will almost certainly never be adjudicated.

The post-WWII legal order was built, in important ways, around the problem of proving what perpetrators meant. Tribunals at the International Criminal Tribunal for the Former Yugoslavia spent years piecing together intercepted communications, chains of command, and secondhand testimony to establish what commanders at Srebrenica knew and ordered. The International Criminal Court's genocide charge against Sudanese President Omar al-Bashir nearly collapsed at the arrest warrant stage because intent could not be sufficiently inferred from systematic conduct alone. In the ongoing assessment of whether Israeli forces have committed genocide in Gaza, considerable analytical attention has been paid to whether statements by major Israeli officials can be interpreted as evidence of genocidal intent. 

In each of these cases, the problem of proof has been immense and often insurmountable. And here, the sitting President of the United States has published his intent — in writing, to an audience of millions, on the morning of the threatened act.

Raphael Lemkin, who coined the word "genocide" and devoted his life to drafting the Convention that bears its definition, understood that the crime required the proof of a particular mental state: the intent to destroy a group as such. He understood, from bitter experience, how difficult such proof would be to establish in legal proceedings. He could not have imagined that a head of state would one day simply announce it.

The international legal order was built to answer exactly this kind of statement. It has, over eight decades, developed the tools, institutions, doctrines, and definitions precisely so that this language — "a whole civilization will die tonight, never to be brought back again" — would be met with accountability. But this order cannot reach the person who uttered it. 

The historian Michael Ignatieff, in his influential 2005 anthology American Exceptionalism and Human Rights, identified a structural pattern he called “exemptionalism” — the United States supporting international rules and institutions for others while exempting itself from their binding force. Ignatieff was the founding faculty director of what is now the Carr-Ryan Center for Human Rights. What we are watching today is American exemptionalism reaching its logical endpoint. 

The United States is not a party to the Rome Statute. The Trump administration has imposed sanctions on ICC officials, including nine judges and the chief prosecutor. The UN Security Council is empowered to refer situations to the ICC regardless of state membership, but it is structurally incapable of acting against a permanent member wielding veto power. And the Supreme Court's ruling in Trump v. United States (2024) forecloses domestic prosecution for official acts, however manifestly unlawful. These are not accidents of the current moment. They are the accumulated architecture of a country that built the rules while ensuring they could not be turned against itself.

This is not merely an enforcement gap, as troubling as enforcement gaps are. It is a normative crisis. When the clearest case produces no legal consequence, what happens to the norm? Not immediately — norms are more durable than single violations, and we should resist declaring their death prematurely. But over time, when the most powerful country produces the most damning evidence of intent imaginable and the system can do nothing but document it, the norm is hollowed from within. Its authority is not openly refuted. It is simply shown to be subject to a power exception so vast as to call into question whether it was ever genuinely universal at all. (See my earlier piece on the possible end of universalism.) 

The claim of international human rights law has always been universality — not in the empirical sense that it is universally observed, but in the normative sense that it applies to everyone, that no one stands above it, that the prohibition on targeting civilians is not a preference among preferences but a binding constraint on the exercise of military power. When the world watches a president say "I'm not at all concerned about war crimes" and face no legal consequence, that claim of universality is damaged in ways that no legal commentary, however precise, can fully repair.

 

The Normative Architecture Under Deliberate Assault

Legal scholar Thomas Franck's concept of the "compliance pull" — the idea that legitimate norms generate their own gravity, independent of direct enforcement, developed in his 1990 book The Power of Legitimacy Among Nations — is central to understanding what is being destroyed in real time. International humanitarian law has never depended solely on the threat of prosecution. It has depended on a culture of constraint: on military lawyers who translate norms into operational reality, on the reputational cost of violation, on the internalization of the rules within the very institutions that have the power to break them.

When the world watches a president say "I'm not at all concerned about war crimes" and face no legal consequence, that claim of universality is damaged in ways that no legal commentary, however precise, can fully repair.

Under Secretary of Defense Pete Hegseth, that culture has been deliberately dismantled. Senior military lawyers have been removed. The judge advocates general — the institutional guardians of IHL within the US military, the professionals whose job it is to say "this order is unlawful and I will not transmit it" — have been replaced or sidelined. The compliance pull operates through institutions, through professional cultures, through the accumulated weight of doctrine and precedent. When those institutions are deliberately gutted, what remains is not simply an absence of constraint. What remains is permission — the explicit signal, sent from the top of the most powerful military on earth, that the rules are optional. (On Hegseth, also see here and here.)

This is the destruction of something that took decades to build. The Pentagon's evolution from its attacks on Iraqi infrastructure in 1991, subsequently documented by human rights organizations as causing widespread and cascading civilian harm, to the more restrained approach of 1999 in Serbia — temporarily disabling power plants rather than demolishing them — represents the kind of normative learning that international humanitarian law depends on for its practical force

That institutional memory is now overridden. The president promises "complete demolition" and treats proportionality analysis not as a legal obligation but as an inconvenience. Ken Roth is right to invoke the Department of Defense's own Law of War Manual against him. The tragedy is that the manual's drafters assumed it would be read in good faith by those it was meant to bind.

 

The Grammar of Atrocity: Blessing and Erasure

Ingrid Burke Friedman makes a point that deserves fuller philosophical development. Trump's post ends with "God Bless the Great People of Iran," a blessing that follows immediately from a vow to end their civilization. I submit that this is not, as it might appear, a simple contradiction or an afterthought. It is a recognizable pattern with deep roots in the history of civilizational destruction.

Those who carry out such destruction have rarely described themselves as destroyers. They have described themselves as liberators, as agents of painful but necessary transformation, as reluctant instruments of historical forces larger than themselves. Colonial archives are saturated with expressions of benevolent intent toward the peoples whose civilizations were being dismantled. The administrators of the residential school system spoke of helping Indigenous children reach their potential. The architects of apartheid spoke of separate development. Those who organized the deportations that became the Armenian genocide spoke of protecting the empire from internal threat. 

The language of blessing and the language of erasure have been companions throughout history because the psychological and political need to narrate destruction as liberation is not incidental to atrocity. It is constitutive of it. It is what allows perpetrators to proceed, what allows populations to support them, and what allows the historical record to be contested for decades afterward.

Trump's claim that Iranians are "willing to suffer for their freedom," his framing of ongoing strikes as acts of liberation rather than aggression, follows this grammar with uncanny precision. It is not a cynical add-on to a sincere threat. Instead, it is the humanitarian frame that makes the threat legible as something other than naked aggression. This is the grammar of atrocity, and it deserves to be identified as such regardless of whether any tribunal ever does so.

 

Whose Lives Count?

In her 2009 book Frames of War: When Is Life Grievable?, philosopher Judith Butler asks whose lives are counted as grievable, whose deaths register as losses that demand a moral response. This is not merely a theoretical question. It is a diagnostic one. The relative speed and intensity with which the international community mobilized in response to Russia's invasion of Ukraine — versus the more measured, contested, and delayed responses to Gaza, and now to Iran — raises uncomfortable but unavoidable questions about whose suffering registers as a universal emergency and whose registers as a regional problem, a geopolitical complication, or a matter on which reasonable people might disagree. (On this, also see again my commentary on the possible end of universalism.) 

The 90 million Iranians who woke on April 7 to a presidential vow of civilizational extinction are not an abstraction. They are people whose hospitals depend on electrical power, whose water treatment depends on electricity, whose food supply chains depend on bridges and roads, whose children depend on all of it. And many thousands of them just recently put themselves in harm’s way to protest their own government whose actions are the actual cause of Trump’s ire. 

The 90 million Iranians who woke on April 7 to a presidential vow of civilizational extinction are not an abstraction.

The answer that international institutions give to Butler's question in the days and weeks ahead will say something fundamental about whether the universality of human rights is a genuine moral commitment or a geopolitical convenience that bends reliably in the direction of power. That answer will not affect only Iranians. It will set the terms on which future threats to future populations — wherever they live, whoever issues the threats — are assessed and either answered or quietly filed away.

 

Pathways Forward and the Imperative of Naming

Ken Roth identifies several pathways to accountability that deserve serious attention. Iran's accession to the Rome Statute with retroactive jurisdiction is the most direct route. The hesitation in Tehran is understandable given that government's own accountability deficits. But the moral calculus is not symmetrical. The prosecution of potential war crimes that could affect 90 million civilians is not made less urgent by the fact that other crimes also warrant accountability. And a future administration's willingness to surrender Trump for trial is not as remote as it might seem: it is, after all, what happened to Slobodan Milošević and Rodrigo Duterte, former leaders who once seemed untouchable. 

More promising still is the model of a special international tribunal. The Council of Europe is in the process of establishing such a tribunal for the crime of aggression in Ukraine, working around the ICC's jurisdictional limitations on that specific charge. A similar mechanism could be established by a willing coalition of states — the European Union, NATO members, or the G7 minus the United States — to address crimes committed in Iran. This would allow prosecution to proceed without waiting for Trump to leave office. European leaders who have spoken most forcefully against Trump's conduct — notably Spain's Prime Minister Pedro Sánchez and Germany's President Frank-Walter Steinmeier — should be challenged to convert their convictions into institutional architecture rather than confining themselves to diplomatic statements.         

But there is a dimension that strictly legal analysis is not positioned to fully address: the imperative of naming. One of the most important functions of human rights institutions, and of philosophy in its public dimension, is to call things what they are. The post-WWII legal order was built not only on enforcement mechanisms but on a vocabulary — genocide, crimes against humanity, war crimes — whose function is partly legal and fundamentally moral. To name an act as genocide, or a threat as a potential threat of genocide, is not only to activate a legal framework. It is to make a moral claim on the conscience of the world, to insist that what is happening cannot be processed as normal politics or diplomatic disagreement, that it belongs to a different category of human action for which a different category of response is required. 

Amnesty International's characterization of Trump's statement as a potential threat of genocide is not careless escalation. It is responsible precision in service of moral clarity. The Genocide Convention's definition of genocide — acts committed "with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such" — may or may not be technically satisfied by this particular statement in isolation. But the pattern of statements, coupled with ongoing strikes on civilian infrastructure, coupled with the explicit language of civilizational erasure, demands that the question be taken seriously. And taking it seriously means saying it out loud, in public, regardless of any political discomfort that doing so might produce.

And, yes, we must bear in mind that Iran's government has its own record of atrocity, that the geopolitical context is tangled, that legal definitions require careful case-by-case analysis. All of this is true. None of it is an answer to "a whole civilization will die tonight, never to be brought back again."

 

Conclusion: Whether We Still Mean the Promise

Indigenous thinkers, and those who read American history with an eye on its treatment of Indigenous peoples, might see in Trump's statement not an aberration but a continuity — the same ruthless logic that drove the destruction of Native civilizations now directed outward. That perspective deserves its own full reckoning, one I cannot provide here. (This is a topic I take very seriously, see e.g., here.) 

Samantha Power, the founding executive director of what was then the Carr Center for Human Rights Policy, wrote in her Pulitzer Prize-winning A Problem from Hell (2002) that the United States had, across the twentieth century, repeatedly known about genocides in progress and chosen not to act. American presidents and their advisers calculated, again and again, that the political cost of intervention outweighed the moral cost of silence. Power's book was a reckoning with that failure and a demand for something better. It became, in a real sense, the founding document of the center's mission. 

The situation we face today is a different and in some ways even more devastating kind of failure. Power documented a country that looked away while others committed genocide. What we are witnessing now is a sitting American president threatening to commit genocide himself — in this country's name, with its military, announced to the world on a Tuesday morning.

Where Power documented the failure of political will — a country that knew and chose not to act — Ignatieff documented the failure of structural design: a country that built the rules while exempting itself from them. Both failures, diagnosed by the two founding leaders of what is now the Carr-Ryan Center for Human Rights, may be reaching their terminus simultaneously.

The post-war legal order was built on a promise. That promise has always lived in the gap between aspiration and enforcement, between what the law demands and what power permits. But it has always been, at minimum, a moral aspiration that transcended its institutional failures. It has always been a statement about what kind of world the human community was committed to building, and about what we owed to one another across national borders and civilizational difference. April 7, 2026, is the day that promise was tested as never before, by the leader of the very country most responsible for making it.

The question we need to deal with now is not primarily a legal one, though the lawyers have urgent work to do. It is a question about whether we still mean the promise — whether "never again" was a genuine commitment of the moral imagination or merely a phrase whose force dissipates at the borders of great-power politics. Silence in the face of an explicit threat of civilizational destruction is complicity. And complicity, as the post-war architects of international justice understood with terrible clarity, is where atrocity finds the oxygen it needs to become real.

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