Statement of the Jurists’ Council for a Democratic Iran on protecting prisoners and civilians during military conflict

Statement of the Jurists’ Council for a Democratic Iran On the Necessity of Protecting the Lives of Prisoners and Civilians During Military Conflicts

The Jurists’ Council for a Democratic Iran expresses its grave concern regarding the situation of prisoners in Iran amid the recent military confrontations. The Council calls the attention of the governments involved in military operations against targets in Iran to their obligations under international humanitarian law.

The regime ruling Iran has demonstrated, during the 12-day war, in the bloody suppression of recent protests, and throughout the past four decades, that it is a rogue and criminal state with no regard for its obligations under international law. Under such circumstances, the responsibility of the other party to the conflict, which claims to be bound by international law, becomes even greater.

Reports concerning the situation of prisoners in Iran indicate that with the intensification of hostilities, judicial processes have been disrupted and families have serious concerns about the safety of prisoners. Many prisoners have no possibility of transfer or independent protection and are therefore placed in an extremely vulnerable position.

In light of these circumstances, the Council recalls that under the fundamental principles of international humanitarian law, particularly the principles of distinction, proportionality, and precaution in military operations, parties to this conflict are obliged to take all feasible measures to protect civilians and persons in detention.

Accordingly, the Jurists’ Council for a Democratic Iran calls on the governments of the United States of America and Israel to:

1. Protect the lives of prisoners

Since prisoners are individuals entirely under the control of the detaining authorities who deliberately put them in danger and lack the ability to protect themselves, special measures must be taken in the planning and execution of military operations to prevent harm to prisons and to prisoners’ lives.

2. Adopt additional precautionary measures in light of the risk of the use of human shields

Given numerous reports suggesting the possibility that the Iranian government may deliberately place civilians or prisoners near military targets, attacking parties must take additional precautionary measures to minimise the risk of harm to civilians and prisoners.

3. Refrain from targeting historical and cultural sites

Historical and cultural sites, as well as the heritage of humanity, are afforded special protection under international law and relevant conventions and must remain immune from attack or damage.

4. Avoid targeting infrastructure essential for civilians

Military attacks must not target infrastructure essential for civilian life, including water, electricity, healthcare, and public services, except in exceptional circumstances where the strict criteria of international humanitarian law are satisfied.

5. Emphasise the responsibility of the international community to protect civilians

The Council also recalls that the international community has a duty to exert pressure, through the United Nations Security Council, to prevent the Iranian government from deliberately placing civilians and prisoners at risk of military operations or using them as instruments of deterrence or human shields.

In times of war, strict adherence to international humanitarian law is not only a legal obligation but also a moral and humanitarian responsibility. Protecting the lives of prisoners, civilians, and cultural heritage must remain at the centre of all military decision-making.

Jurists’ Council for a Democratic Iran
March 2026

Author

  • A group of independent Iranian jurists has formed a non-affiliated civil institution committed to human rights, democracy, and justice, providing legal support, defending minority rights, and documenting violations in pursuit of a peaceful democratic transition.

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