An analytical review of international criminal responsibility in targeting educational infrastructure: novel approaches of the International Criminal Court — Case study of the attack on Shajareh Tayebeh School in Minab, Iran

Author: Hossein KHORASANI et Mahdi BEYGI

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Abstract

The protection of educational institutions and students is among the most fundamental norms of international humanitarian and criminal law, rooted in deep ethical and customary foundations. Nevertheless, in contemporary armed conflicts, schools are frequently targeted under ambiguous doctrines such as “dual-use” and broad interpretations of the “principle of proportionality”. Adopting a descriptive-analytical approach and focusing on the Rome Statute and the jurisprudence of the International Criminal Court (ICC), this article examines the substantive and evidentiary challenges of establishing individual criminal responsibility in attacks against educational infrastructure. The principal novelty of this research lies in elucidating the concept that the presence of students in schools shifts the nature of the crime from a mere “violation of civilian property rights” to a “crime against persons and children”. The findings demonstrate that the deliberate targeting of schools lacking military function—such as the Minab Schools, Iran—particularly during school hours, in the initial stages of a conflict, and without granting an “effective advance warning” for evacuation, not only renders the assessment of the “principle of proportionality” moot but also serves as the most compelling presumption for establishing dolus directus (direct intent) and the perpetrators’ intent to inflict maximum civilian casualties. By leveraging the strategic policies of the Office of the Prosecutor (OTP) regarding children and drawing an analogy (mutatis mutandis) from the Al Mahdi case, the ICC is transitioning towards a “person-centric” approach. In this context, the strategy of “cumulative charging” can pave the way for a more effective prosecution of perpetrators under Articles 8(2)(b) of the Rome Statute, and potentially elevate the charges to crimes against humanity (Article 7).

Keywords: Educational Infrastructure, Mens Rea, Principles of Distinction and Proportionality, Cumulative Charging, War Crimes against Children, Shajareh Tayebeh School of Minab