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Portugal prosecutors probe legality of US use of Lajes base in Iran war - Headlines news and analysis from Global Banking & Finance Review
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Portugal prosecutors probe legality of US use of Lajes base in Iran war

Published by Global Banking & Finance Review

Posted on October 3, 2026

2 min read

· Last updated: October 3, 2026

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Portugal Probes Legality of US Use of Lajes Air Base in Iran Conflict

Investigation into US Military Transit and Political Reactions

Background of the Lajes Air Base Agreement

LISBON, Oct 3 (Reuters) - Portuguese prosecutors said on Saturday they had opened a probe into the legality of the centre-right government's authorisation of the United States' use of the Lajes Air Base in the Azores during the Iran conflict, following a complaint by an opposition party.

A longstanding agreement with the US allows Washington to use the base without prior authorisation during peacetime, but requires Portugal to give approval once hostilities begin.

Controversy Over Authorisation and Political Debate

Portugal's Decision Compared to Spain

Portugal, unlike neighbouring Spain, authorised several US transit flights through the Lajes air base, a decision that drew criticism from left-wing opposition parties and triggered a political debate over Lisbon's role in operations linked to the conflict with Iran.

Opposition Complaint and Prosecutors' Response

In a statement, the Prosecutor General's Office said "the probe was opened following a complaint filed by members of the Left Bloc party," without providing further details.

Portugal's Foreign Ministry declined to comment.

Legal and Diplomatic Perspectives

Allegations of International Law Violations

The Left Bloc asked prosecutors in April to investigate the US use of the Lajes base, arguing it amounted to a "gross violation of international law."    

Government's Defense and Compliance with Law

However, Foreign Minister Paulo Rangel has said Portugal was not involved in the conflict and that the use of the Lajes base complied with international law, having been authorised only after assurances from Washington that any operation would be defensive, necessary and proportionate, and limited to military targets.

Principle of Legality in Portuguese Prosecution

Portugal's prosecutors are bound by the principle of legality, requiring them to investigate alleged wrongdoing when there are sufficient grounds to do so, unlike in some jurisdictions where prosecutors have broader discretion to decide whether a case should proceed.

Strategic Importance of Lajes Air Base

The Lajes base, located in Portugal's Atlantic Azores archipelago, is a strategic transit hub for US forces under a bilateral defence treaty dating back to 1951 and hosts the 65th Air Base Wing of the US Air Force, providing support for US, NATO and allied operations.

(Reporting by Sergio Goncalves; Editing by Toby Chopra)

Key Takeaways

  • The probe stems from a complaint filed in April by the Left Bloc, alleging a “gross violation of international law” over U.S. flights during the Iran conflict (theportugalbrief.pt).
  • Under a 1951 bilateral defense agreement, U.S. use of Lajes Air Base in wartime or hostilities must be specifically authorized by Portugal (avalon.law.yale.edu).
  • Foreign Minister Paulo Rangel and Prime Minister Luís Montenegro maintain that Portugal complied with legal rules, granting only conditional authorization—after assurances the U.S. operations would be defensive, necessary, proportionate, and limited to military objectives (portugal.gov.pt).

References

Frequently Asked Questions

Why are Portuguese prosecutors investigating the use of Lajes Air Base?
Prosecutors opened a probe after the Left Bloc party complained that the US use of the base during the Iran conflict may have violated international law.
What is the Lajes Air Base used for?
Lajes Air Base is a strategic hub for US, NATO, and allied operations, offering support and transit facilities under a long-standing treaty.
Did Portugal authorize US use of the base during the Iran conflict?
Yes, Portugal authorized several US transit flights through Lajes Air Base, which drew criticism from some opposition parties.
What conditions must be met for US use of Lajes Air Base during war?
US use requires Portugal's approval once hostilities begin, and Portugal sought assurances that operations would be defensive, necessary, and proportionate.
How does Portuguese law require prosecutors to act in such cases?
Prosecutors must investigate alleged wrongdoing when sufficient grounds exist due to the principle of legality, giving them less discretion than in some other countries.

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