Agnès Callamard, the United Nations special rapporteur on extrajudicial, summary or arbitrary executions, maintained that the airstrike "most likely violate[d] international law incl[uding] human rights law", adding that killing of other individuals alongside Soleimani was "absolutely unlawful". On 6 July 2020, Callamard said that the attack was first known incident in which a nation invoked self-defence as a justification for an attack against a state actor in the territory of a third country and that the United States has failed to provide sufficient evidence of an ongoing or imminent attack against its interests in order to justify the strike. In a report to be presented to the UN human rights council, Callamard wrote "the course of action taken by the US was unlawful" and was a violation of the UN charter. On 8 July, 2020, responding, the U.S. State Department said "This tendentious and tedious report undermines human rights by giving a pass to terrorists and it proves once again why America was right to leave the council."
In October 2007, the Bush administration was the first to designate Soleimani a terrorist on the basis of his involvement with the Iranian Revolutionary Guard Corps and Quds Force, and the increasing recognition of the role they played in the Iraq conflict. According to an interview with a PolitiFact journalist, retired Army Col. Frank Sobchak, said that around the same time U.S. special forces had planned for his capture, but the mission was not approved by senior officials. He said, "Individuals that we talked to in senior positions of the U.S. government told us that with support for the war at an all time low in 2007, the Bush administration recognized the importance of Soleimani to the war, but was not willing to risk the political capital and repercussions that could occur from expanding the war to that level."
More InfoAccording to a report by NBC News, Eric Edelman, a career foreign services officer with senior diplomatic posts at the time, U.S. commander Army Gen. George Casey considered designating Soleimani and Quds Force officers enemy combatants, thus making them subject to military action. However, the idea was ruled out over concerns of opening a "new front" in the war. Edelman stated, "There were a lot of us who thought he should be taken out. But at the end of the day, they decided not to do that," due to concern of starting simultaneous conflict with Iran.
More InfoAccording to The New York Times, Trump initially rejected the option to target Soleimani on 28 December 2019, but made the decision after being angered by television news reports of the U.S. embassy in Baghdad under attack by Iranian-backed protesters on 31 December. By late 2 January, Trump had finalized his decision of the most extreme option his advisors had provided him, which reportedly "stunned" top Pentagon officials. The Times report cited unnamed U.S. officials as saying the intelligence regarding Soleimani's alleged plot against the U.S. was "thin" and that the Ayatollah had not approved any operation for Soleimani to carry out. However, General Milley said the intelligence was "clear and unambiguous" with a time frame of "days, weeks". U.S. Secretary of State Mike Pompeo and Vice President Mike Pence were reportedly the most hawkish voices arguing to retaliate against Iran. Vice President Pence later wrote that Soleimani was plotting "imminent" attacks on U.S. persons. U.S. National Security Advisor Robert O'Brien insisted that Soleimani "was plotting to kill, to attack American facilities, and diplomats, soldiers, sailors, airmen and Marines were located at those facilities".
More InfoEver since the Iran–Iraq War (1980–88), in which Iran felt attacked not only by Saddam Hussein's Iraq but by the international community siding with Saddam against Ayatollah Ruhollah Khomeini's Islamic republic in Tehran, with notably the U.S. supplying weapons and intelligence to Iraq, Soleimani had developed into the architect of all of Iran's foreign policies in the Middle East, and a key figure in all of Iran's foreign and defence policies. He provided crucial support to President Bashar al-Assad's regime during the Syrian Civil War. He even wrote U.S. General David Petraeus, then Commander of the Multi-National Force in Iraq, a letter in early 2008 to tell him: "General Petraeus, you must know that I, Qasem Soleimani, am in charge of the Iranian policies concerning Iraq, Lebanon, Gaza and Afghanistan".
More InfoIn early October 2019, according to two Iraqi militia commanders and two security sources who spoke with Reuters staff, Iranian Major-General Qasem Soleimani met in Baghdad to discuss a change in strategy with Iraqi Shiite militia allies. The new focus of strategy was to be an increase in targeted rocket attacks on U.S. forces in Iraq, with the intended effect of provoking an antagonistic U.S. military response that would divert political pressure from Iran. Leading up to the meeting, there had been increasing anti-Iran sentiment amongst the local Iraqi population, culminating in prolonged and vocal anti-Iran protests, even featuring such specific displays of anti-Iran sentiment as demonstrators banging their shoes on raised portraits of Ayatollah Ali Khamenei. Iran, concerned about losing hard won influence in Iraq, had resorted to increasingly violent means to counter this resentment. These means, under direct guidance of Soleimani, resulted in the deaths of at least 400 protestors, with an estimated 20,000 wounded, but without significant success. The next step in the strategy chosen by Soleimani was to step up attacks on U.S. forces. Kataib Hezbollah was picked because, according to Soleimani it "would be difficult to detect by the Americans", as well as be able to utilize Iran-provided scout drones for more precision in target selection for the rocket attacks.
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