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Portugal Opens Legal Probe into U.S. Use of Lajes Air Base Amid Iran Conflict

By Drooid · · How we work

Core Event

On October 3, Portuguese prosecutors announced the opening of an investigation into the legality of the centre-right government’s decision to permit the United States to operate through Lajes Air Base in the Azores while hostilities with Iran are ongoing. The probe follows a formal complaint lodged by members of the Left Bloc party, which alleges that the authorization breaches international law.

Background of the Lajes Arrangement

Lajes Air Base has been governed by a bilateral defence treaty dating to 1951, allowing U.S. forces to use the facility without prior Portuguese approval during peacetime. The treaty requires Portugal to grant explicit consent once a state of hostilities begins. The base hosts the U.S. Air Force’s 65th Air Base Wing and serves as a strategic transit hub for U.S., NATO and allied operations across the Atlantic.

Political Reaction and Official Positions

Left-wing opposition parties, led by the Left Bloc, criticised the government for authorising several U.S. transit flights through Lajes after the Iran conflict escalated, describing the move as a “gross violation of international law.”

Foreign Minister Paulo Rangel countered that Portugal was not a party to the conflict and that the use of the base complied with international law. He said the authorization was granted only after Washington provided assurances that any operation would be defensive, necessary, proportionate and limited to military targets.

The Portuguese Foreign Ministry declined to comment further on the investigation.

Legal Framework and Investigation Process

Portugal’s prosecutors operate under the principle of legality, which obliges them to investigate alleged offenses when sufficient grounds exist. Unlike jurisdictions where prosecutors have broader discretionary power, the Portuguese system requires a formal inquiry when a complaint meets the legal threshold. The investigation will assess whether the government’s approval of U.S. flights after the onset of hostilities satisfies the treaty’s requirement for Portuguese consent and adheres to international legal standards.

The outcome of the probe could shape Portugal’s future role in NATO-aligned operations and influence domestic debate over the country’s participation in conflicts beyond its borders.