Legal Reports

A Legal Examination of the Attack on Shajareh Tayyebeh School in Minab

On 28 February 2026, coinciding with the commencement of a military offensive by invading forces against the territory of the Islamic Republic of Iran, the Shajareh Tayyebeh Girls’ Primary School in Minab County was struck by guided Tomahawk missiles. This incident extends beyond the characterization of a mere military occurrence and presents a profound ethical and legal dilemma for those who claim to uphold the principles of human rights.

Within international humanitarian law, schools are classified as civilian objects and, due to the presence of children, enjoy special and enhanced protection. According to the fundamental rules governing armed conflicts, parties to a conflict are obliged in all military operations to distinguish between military objectives and civilian objects and to refrain from attacks directed against civilian property and facilities. Within this framework, educational institutions—including schools—remain fully protected under international law so long as they are not used for military purposes. Any attack or assault directed against such institutions may therefore constitute a violation of the peremptory norms of international humanitarian law.

In this regard, Shajareh Tayyebeh School in Minab, as an educational institution with a civilian function, falls within the protective scope of the fundamental instruments of international law, including the four Geneva Conventions of 1949 and their Additional Protocols. The principle of distinction—one of the central principles governing the law of armed conflict—requires parties to distinguish at all times between military objectives and civilian objects and to direct their attacks exclusively against legitimate military targets. From this perspective, any attack directed at a school that serves purely educational purposes and has not been used for military activity stands in clear contradiction to this principle.

In addition to the principle of distinction, the principle of proportionality imposes a significant limitation on the conduct of military attacks. Under this rule, even where a legitimate military objective is located in proximity to a civilian object, the attacking party is required to refrain from launching an attack if the incidental harm expected to be inflicted upon civilians or civilian property would be excessive in relation to the concrete and direct military advantage anticipated.

Furthermore, the principle of precaution in attack requires parties to a conflict to take all feasible measures to minimize harm to civilians and civilian objects. This obligation includes carefully verifying the nature of the target, selecting methods and means of attack that are expected to cause the least possible harm to civilians, and, where feasible, providing advance warning to populations at risk. In the context of educational institutions—given the extensive presence of children—observance of this principle assumes particular importance, and any failure to adopt adequate precautionary measures may give rise to international legal responsibility.

From the perspective of international criminal law, the intentional targeting of buildings dedicated to education—provided that such buildings do not constitute military objectives—may amount to a war crime. The Rome Statute of the International Criminal Court, in its provisions concerning war crimes, prohibits and criminalizes attacks against buildings dedicated to education, religion, art, or humanitarian purposes insofar as they are not military objectives. Accordingly, if Shajareh Tayyebeh School in Minab maintained a purely educational function at the time of the incident and was not used for military purposes, any deliberate attack or damage inflicted upon it may fall within the scope of these criminal prohibitions and be subject to legal scrutiny and prosecution.

Furthermore, the 1989 Convention on the Rights of the Child obliges states and other parties to armed conflict to provide the maximum possible protection for children against the effects of war. An attack on a school, or the creation of risks to the life and safety of students, not only constitutes a violation of international humanitarian law but is also inconsistent with the obligations arising under this Convention. Consequently, an attack against an educational institution effectively constitutes an assault on the fundamental rights of children, including the right to life, the right to security, and the right to education. Accordingly, any incident involving harm to Shajareh Tayyebeh School in Minab must be carefully assessed in light of these principles and legal rules. Such a deliberate and wrongful assault may amount to a violation of international humanitarian law and give rise to the international responsibility of those who ordered, carried out, or supported it.

Finally, the careful documentation of this incident, the recording of damage to the school building and any human harm inflicted, the identification of the chain of decision‑making and command responsibility, and the pursuit of the matter through national and international mechanisms are among the measures that may contribute to the vindication of victims’ rights and the prevention of similar incidents in the future. The protection of schools is, in essence, the protection of the security and future of children and society—an obligation that represents not only a legal duty but also a fundamental human and moral responsibility for all parties involved in armed conflict.

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