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"The Pentagon's law of war manual states unequivocally that such statements are war crimes," said a legal scholar who previously worked in the Pentagon's office of general counsel.
Pentagon Secretary Pete Hegseth's statement last week that "no quarter" will be given to "our enemies" in Iran—a declaration, in military parlance, that surrendering combatants will be executed rather than taken prisoner—constituted a clear violation of international law and a war crime.
The International Committee of the Red Cross explains that "the prohibition on declaring that no quarter will be given is a longstanding rule of customary international law already recognized in the Lieber Code, the Brussels Declaration, and the Oxford Manual and codified in the Hague Regulations." The Hague Convention of 1907, to which the US is a party, says it is "especially forbidden" to "declare that no quarter will be given."
During a press conference on Friday, Hegseth said that US forces attacking Iran "will keep pushing, keep advancing; no quarter, no mercy for our enemies."
Hegseth's statement sparked alarm among legal experts and members of Congress, particularly in the context of the Pentagon chief's ongoing efforts to loosen legal oversight of American forces and roll back rules aimed at protecting civilians.
"'No quarter' isn’t some wannabe tough guy line—it means something," said Sen. Mark Kelly (D-Ariz.), a retired US Navy officer. "An order to give no quarter would mean to take no prisoners and kill them instead. That would violate the law of armed conflict. It would be an illegal order. It would also put American service members at greater risk. Pete Hegseth should know better than to throw around terms like this."
Oona Hathaway, a legal scholar and former special counsel to the Pentagon's general counsel, wrote in response to Hegseth's remarks that "declaring that no quarter will be given unequivocally violates international humanitarian law."
"Indeed, ordering that no quarter will be given, threatening an adversary therewith, or conducting hostilities on this basis is prohibited and constitutes a war crime," Hathaway added.
Daniel Maurer, a retired Army lieutenant colonel and judge advocate—a profession that Hegseth has treated with contempt—wrote a "hypothetical legal memorandum" advising the Pentagon chief to "publicly retract" his "no quarter" statement, warning that it "may expose you to criminal liability under 18 USC 2441(c)(2), and expose any subordinate servicemembers who carry it out to prosecution under the Uniform Code of Military Justice as well as 18 USC 2441(c)(2)."
Maurer continued:
Given that “no quarter” is a clear violation of the Hague Convention IV and, as a consequence, U.S. federal law, we recommend the following immediate actions:
a. Publicly retract the comments and disavow any intention to induce, inspire, counsel, encourage, incite, order, threaten, tolerate, or give “no quarter” to Iranian combatants.
b. Communicate through the chain-of-command conducting Operation Epic Fury that “no quarter” is a war crime that will be thoroughly investigated and prosecuted under the Uniform Code of Military Justice or 18 USC § 2441.
Hegseth's declaration of "no quarter" conflicts with US President Donald Trump's statement late last month announcing the illegal war on Iran, which is now in its third week with no end in sight.
Urging Iranian soldiers to lay down their arms, Trump pledged, "We'll give you immunity."
Ryan Goodman, founding co-editor-in-chief of the digital law and policy journal Just Security, told Axios that Hegseth is "putting the American military on a track to lawlessness in which we will lose more and more allies." Goodman noted that in the wake of the Second World War, the US prosecuted senior German military officials for refusing quarter to enemy soldiers.
"The best thing Secretary Hegseth can do for the country and for the US military is to say he misspoke and to retract the statement," said Goodman, who previously worked in the Defense Department's office of general counsel. "The Pentagon's law of war manual states unequivocally that such statements are war crimes."
"What does Trump expect from a handful of European frigates that the powerful US Navy cannot do?" said one German official.
US allies are giving President Donald Trump the cold shoulder after he demanded that they send their militaries to help him reopen and secure the Strait of Hormuz, which has been shut down by the Iranian government in response to US and Israeli attacks.
Reuters chief national security correspondent Phil Stewart collected reactions from several US allies to Trump's demands in a Monday social media post, and they show little appetite for helping the president out of the jam he created when he launched an unprovoked and unconstitutional war with Iran more than two weeks ago.
German Defense Minister Boris Pistorius spoke bluntly about his country's unwillingness to get involved in what has become a regional conflict in the Middle East that has sent global energy prices soaring and is threatening to upend the global economy.
"What does Trump expect from a handful of European frigates that the powerful US Navy cannot do?" Pistorius asked. "This is not our war, we have not started it."
UK Prime Minister Keir Starmer stated flatly that his nation would not be "drawn into the wider Iran war," and insisted that only a diplomatic solution could ease the crisis.
"We are working with others to come up with a credible plan for the Strait of Hormuz to ensure that we can reopen shipping and passage through the Strait," he said. "Let me be clear, that won't be and it's never been envisioned to be a NATO mission."
Catherine King, a member of Australian Prime Minister Anthony Albanese's cabinet, said there were no plans to have the Australian military participate in Trump's efforts to reopen the strait.
"We won't be sending a ship to the Strait of Hormuz," King said. "We know how incredibly important that is, but that's not something that we've been asked or that we're contributing to."
Japanese Prime Minister Sanae Takaichi didn't completely rule out sending escort ships to help oil tankers navigate the strait, but she emphasized there are no plans to do so at the moment.
"We have not made any decisions whatsoever about dispatching escort ships," said Takaichi. "We are continuing to examine what Japan can do independently and what can be done within the legal framework."
Trump started publicly calling on US allies to assist in reopening the strait in a Saturday Truth Social post, in which he said "hopefully China, France, Japan, South Korea, the UK, and others, that are affected by this artificial constraint, will send Ships to the area so that the Hormuz Strait will no longer be a threat by a Nation that has been totally decapitated."
Trump repeated his demands to US allies while talking with reporters on Air Force One on Sunday, arguing that getting the strait reopened was in the interest of all nations.
"Really, I'm demanding that these countries come in and protect their own territory, because it is their territory," Trump said. "You could make the case that maybe we shouldn't be there at all, because we don't need it. We have a lot of oil."
Texas-based company Sable Offshore Corp. announced today that it has restarted oil flow through the pipeline that ruptured and caused one of California’s largest oil spills on the Santa Barbara coast in 2015.
The restart occurred just one day after the Trump administration issued an order under the Defense Production Act, at Sable’s request, directing the company to “prioritize and allocate pipeline transportation services for hydrocarbons…” and “immediately commence performance under contracts or orders for services.”
“I’m distressed and saddened that California’s coast now faces the threat of another oil disaster from this unsafe pipeline,” said Brady Bradshaw, senior oceans campaigner at the Center for Biological Diversity. “For the sake of the incredible Pacific ocean and all of its wildlife, the community has worked so hard to make sure we’d never see oil flowing through this defective pipeline again. This is a dark day for California and I urge state officials to keep standing up to Trump’s bullying. We’ll keep fighting as hard as we can to protect Santa Barbara’s coast and end offshore drilling in the state once and for all.”
On Saturday State Parks rejected Sable’s application for an easement to use Gaviota State Park for pipeline transport and ordered it to immediately remove the 4-mile section of the pipeline that runs through the park.
The pipeline has been shut down since the massive 2015 spill at Refugio State Beach. Upon investigation, it was determined that the rupture was the result of progressive external corrosion, which remains a threat for the defective pipelines.
In attempting to restart the defective onshore pipeline, Sable has run into widespread public opposition and accumulated a series of state law violations and criminal charges. To date, Sable has still not received all necessary approvals for a restart from California state agencies, including the Coastal Commission.
The Trump administration “Pipeline Capacity Prioritization and Allocation Order” was issued at Sable’s request. Sable appears to be relying upon a recent legal opinion from the Department of Justice to assert that the order preempts state and federal law to allow a restart of the embattled oil project. Such a result would be radical and unprecedented.
“The cynical misuse of a national security law for the benefit an oil company that has repeatedly broken the law is a shocking development, even from this administration,” said Bradshaw. “The courts shouldn’t put up with this brazen abuse of power.”
The Center for Biological Diversity and the Wishtoyo Foundation have a pending lawsuit against the Office of the State Fire Marshal regarding the restart, along with a similar lawsuit and request for relief from the Environmental Defense Center. Those cases challenge the agency’s issuance of waivers from corrosion-related pipeline safety requirements without any environmental review, public notice, or opportunity for a hearing. In October the State Fire Marshal informed Sable that its corrosion related repair work failed to meet standards required for restart.
In July 2025 the groups won a preliminary injunction, which was recently upheld by the court. They filed the request in response to Sable’s May 2025 announcement that it had resumed oil production from one of three offshore platforms and was storing that oil in onshore tanks while it sought to restart the failed Las Flores Pipeline System.
Several other lawsuits related to the pipeline restart are ongoing. Among other violations, Sable has been cited by the California Coastal Commission for unlawful work in sensitive coastal habitat and sued by the California attorney general and Santa Barbara district attorney for legal violations tied to unlawful discharge into creeks and waterways.
In December the Trump administration moved to seize control of the pipeline system from the State Fire Marshal and issued Sable an emergency special permit that enables a restart despite the pipelines’ design defects. The state of California has challenged these actions in court, as have environmental organizations including the Center.
The Santa Ynez Unit had been shut down since May 2015, when the corroded pipeline ruptured and released what is believed to be about 450,000 gallons of oil at Refugio State Beach. The oil spill ravaged 150 miles of the California coast and killed hundreds of birds and marine mammals, shutting down beaches and fisheries.
Sable purchased the unit in 2024 from ExxonMobil and has been aggressively pushing to resuscitate the defective pipeline system and restart oil operations ever since.
It’s difficult to select one of Trump’s Cabinet members as the stupidest, but in the end the Secretary of Defense is in a class of stupidity completely his own.
At a press briefing on Friday, Defense Secretary Pete Hegseth complained about a CNN report that the Trump administration had underestimated Iran’s ability to disrupt global oil traffic by closing the Strait of Hormuz.
“Patently ridiculous,” Hegseth told reporters, adding — even as the strait’s blockage was proving to be Iran’s most powerful leverage in the war — we “don’t need to worry about it.” He also denied that the U.S. bombed the school where some 175 children were killed. Hegseth added that, as to CNN, “the sooner David Ellison takes over that network, the better.”
These remarks are remarkably stupid, on several levels.
First, CNN got it absolutely right in reporting that Trump’s national security team had underestimated Iran’s ability to disrupt global oil traffic. CNN cited “multiple sources familiar with the matter.”
The New York Times published a similar story, reporting that in the lead-up to the U.S.-Israeli attack, “Trump downplayed the risks to the energy markets.”
Even The Wall Street Journal, hardly a New York Times or CNN clone, substantiated the story on Friday, reporting that Trump rejected warnings that Iran would likely retaliate by closing the strait because he believed Iran would capitulate before doing so, and he assumed that even if Iran tried to close it, the U.S. military could handle it.
Second, Hegseth’s comment that we “don’t need to worry about” the blockage of the strait is not only false but flippantly insulting to an American public that deserves to know what the Trump regime is planning to do about soaring prices at the gas pump, directly due to that blockage.
Third, even if Hegseth believes that David Ellison’s ownership of CNN will silence CNN’s critical coverage of Trump, it’s remarkably stupid of Hegseth to say it out loud. “The sooner David Ellison takes over CNN, the better” is an open admission that Trump backed Ellison’s bid to acquire Warner Bros. Discovery, CNN’s parent, to silence criticism.
That deal is still pending, so Hegseth’s admission is likely to fuel even more opposition to it. California’s attorney general has already suggested he’ll go to court to block it. Now other attorneys general, the ACLU, and Democrats in Congress may join the case as co-plaintiffs.
Hegseth’s admission also confirms CNN’s worst fears that Ellison will throttle criticism of Trump — a fear that’s already caused several leading lights to exit. As Variety put it, “Anderson, cooped. Jake, tapped. Erin, burnt. Kasie, hunted. Wolf, blitzed.”
Ellison has already proven himself an unreliable steward of journalistic independence at CBS News. One departing producer there explained in a farewell memo to colleagues that she could no longer work where stories are “evaluated not just on their journalistic merit, but on whether they conform to a shifting set of ideological expectations — a dynamic that pressures producers and reporters to self-censor or avoid challenging narratives that might trigger backlash or unfavorable headlines.”
Finally, Hegseth’s denial that the U.S. is responsible for the deaths of nearly 200 schoolchildren in Iran is belied by mounting evidence that the U.S. did bomb the school. Hegseth’s further insistence that the U.S. “never targets civilians” is refuted by the U.S. military’s killing of at least 157 people on 40 small boats in the Caribbean without evidence they were “narcoterrorists” rather than civilians.
And, friends, this was just one news conference.
Pete Hegseth’s job is so far over his head that he can’t even see it. He evidently believes it’s to cheerlead and defend Trump with bonkers claims like “We didn't start this war, but under President Trump we’re finishing it” and “America is winning decisively, devastatingly, and without mercy” and “we will show no quarter for our enemies.” (“No quarter” means kill everyone and take no prisoners, which is a war crime.)
In the days leading up to the U.S. attack on Iran, Hegseth spent his time criticizing “wokeness” at American universities, feuding with Anthropic over safeguards for AI, and, in the day before the war began, forcing Scouting America to abandon programs aimed at promoting diversity.
He dismisses war crimes, pooh-poohs the rules of engagement, and projects unequivocal belligerence at a time when the United States is rapidly losing whatever moral standing it had in the world.
Granted, it’s difficult to select one of Trump’s Cabinet members as the stupidest. But Pete Hegseth stands out for sheer boneheaded ignorance.
Pray for America and the world.