Other Affected States in Region Should Also Act to Preserve Pathway to Justice
(Washington, D.C., March 5, 2026) – Iran should file a declaration granting the International Criminal Court jurisdiction over crimes committed on its territory since the war began on February 28, 2026, said DAWN today. Other impacted states in the region should also file similar declarations to maintain a pathway to justice.
As of March 5, 2026, the US-Israeli war of aggression has reportedly killed over 1,230 Iranian civilians and struck hospitals and schools across the country, while Iranian retaliatory attacks have also reportedly killed and injured civilians and damaged civilian infrastructure across the region. All states should also engage with UN fact-finding and human rights mechanisms and secure, preserve and protect evidence of possible war crimes.
"From the killing of over 150 students and teachers to strikes on hospitals full of newborns, every day more and more evidence emerges pointing to the commission of grave war crimes in Iran since the start of the war," said Omar Shakir, DAWN's Executive Director. "Victims deserve justice. The mechanisms exist and the US has no veto over them."
DAWN sent letters today to the governments of Iran, Bahrain, Lebanon, Israel, Kuwait, Qatar, Saudi Arabia, and the United Arab Emirates identifying steps they should take to ensure a pathway to accountability.
Under Article 12(3) of the ICC's Rome Statute, any state, even non-parties to the Statute like Iran, may lodge a declaration with the ICC Registrar accepting the Court's jurisdiction over crimes committed on its territory from a specific date. By filing such a declaration, set to the beginning of the war, Iran would grant the ICC jurisdiction over every strike on Iranian soil since the assault began, including the Minab school strike and the Gandhi Hospital attack, where nurses were forced to evacuate newborn babies from a destroyed facility. Palestine used this mechanism in 2014, and Ukraine used it twice, before both subsequently ratified the Rome Statute. The ICC issued arrest warrants against Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant pursuant to Palestine's declaration. Filing an Article 12(3) declaration is an executive act that Iran can take immediately.
Other affected states in the region should file a declaration granting the ICC jurisdiction. The laws of war apply equally to all parties, whether they are the aggressor or the victim of the crime of aggression. There is ample evidence of possible war crimes committed by Iranian forces throughout the region, including a ballistic missile strike on a synagogue in Beit Shemesh in Israel, which reportedly killed nine civilians, including three teenage siblings, and caused damage to civilian infrastructure. The ICC offers a viable pathway to accountability.
"Anyone who has made allegations of war crimes in this conflict should submit to ICC jurisdiction," said Raed Jarrar, DAWN's Advocacy Director. "The Court does not take sides. It takes evidence. Those who refuse deprive their own citizens of a possible pathway to hold their abusers to account."
Iran and all affected states in the region should also provide access to and engage with existing UN human rights mechanisms, including the UN Office of the High Commissioner for Human Rights, UN Special Procedures, and, where relevant, the Independent International Fact-Finding Mission on Iran, and the Independent Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel. Governments should proactively invite these mechanisms in and cooperate with them. These mechanisms can investigate grave abuses by all parties during the current war, establish a clear, independent factual record, and facilitate future prosecutions.
The Iran Fact-Finding Mission, which the UN Human Rights Council established in November 2022 and extended for two further years in January 2026, issued a statement this week condemning the strikes and warning that failures to respect the principles of distinction, proportionality, and precaution may attract accountability for war crimes and crimes against humanity. The mission has an active mandate to investigate violations on Iranian territory, preserve evidence, and establish facts for potential future legal proceedings. Iran should cooperate fully with the mission and provide access to all strike sites.
Iran and all states in the region should also secure, preserve and protect evidence of possible war crimes, including the sites of strikes, weapons remnants, and testimonies/contact information of victims and witnesses. The quality of witness testimony and forensic evidence from affected sites can degrade over time. Preserving evidence of crimes left behind is vital to laying the groundwork for future prosecutions.
The strike on the Minab school alone, in which the vast majority of victims were schoolgirls aged seven to twelve, demands a complete evidentiary record. Iran should ensure this material is collected, preserved, and shared with the UN Fact-Finding Mission and any future investigative mechanisms without delay.
"Iran has been loudly calling out these crimes, but their words ring hollow when officials fail to take action to preserve a pathway to justice," said Shakir. "The Iranian government should preserve the evidence, utilize every available mechanism to investigate possible war crimes, and pursue accountability through the International Criminal Court."
