Forces of Impunity: The US Threatens the International Criminal Court
The International Criminal Court is a dusty jewel, a creation of heat, tension and manufacture in the international community. Various elements have gone into its creation. As with any international institution which draws its legitimacy from nation states and the like, its detractors are many, the invective against it frequent. Some 124 countries have signed the Rome Charter of 1998 that gives the body its authority and jurisdictional force, but no one is foolish enough to think that its reach can ever be anything but tempered by political consideration and self-interest.
Be it issuing a problematic arrest warrant for Russian President Vladimir Putin, attempting to investigate alleged US war crimes in Afghanistan, or busying itself with some nasty examples of African despotism, the scope of the body is potentially extensive. At present, ICC prosecutor Karim Khan is sniffing out the prospect of issuing arrest warrants against senior Israeli officials in the context of the war in Gaza. The sniff, however, has come with a rebuking blast from Israel, joined by various politicians in the United States champing at the bit to take a swipe at the body.
Such attacks have only been emboldened by the American Service-Members’ Protection Act, an instrument from 2002 that prohibits federal, state and local governments from furnishing the ICC with assistance in any way while authorising the US president “to use all means necessary and appropriate to bring about the release” of any “US person” or “allied persons” detained or imprisoned by, on behalf of, or at the request,” of the ICC.
In what is expedient and legally anomalous, Washington has chosen not only to avoid signing the Rome Statute but reject ICC jurisdiction over the Palestinian territories. The ICC begs to differ, noting the acceptance of the court’s jurisdiction on the part of “the Government of Palestine” and its accession to the Rome Statute in January 2015.
In late October 2023, Israel announced that it would not be permitting Khan to enter Israel, signalling its intention to frustrate, as far as possible, his investigative functions. In April this year, Axios revealed that Israeli Prime Minister Benjamin Netanyahu had requested US President Joe Biden to prevent the ICC from issuing arrest warrants against senior Israeli officials. A broader lobbying effort of the US Congress by the Netanyahu government is also taking place.
On May 1, a bipartisan group of US senators held a virtual meeting with members of seniority from the ICC, worried about the prospect that arrest warrants for top Israel might issue from the prosecutorial pipeline. In a threatening letter to Khan from a dozen Republican senators led by Tom Cotton, the promise for retaliation was unequivocal: “Target Israel, and we will target you.” Issuing such warrants would be “illegitimate and lack legal basis, and, if carried out, will result in severe actions against you and your institution.” They would “not only be a threat to Israel’s sovereignty but to the sovereignty of the United States.”
This was hardly novel and was unlikely to have phased Khan or his staff. In June 2020, President Donald Trump implemented an executive order directed at the ICC. The order authorised the blocking of assets and imposed family entry bans into the US in response to the court’s efforts to investigate the alleged commission of war crimes in Afghanistan by US personnel. In September that year, pursuant to the executive order, targeted sanctions were imposed on then ICC prosecutor Fatou Bensouda and senior prosecution official Phakiso Mochochoko.
Since 2021, the ICC has been vested in examining alleged war crimes committed by both the Israeli Defense Forces and Palestinian militants stretching back to the 2014 Israel-Hamas war. “Upon the commencement of my mandate in June 2021,” Khan states, “I put in place for the first time a dedicated team to advance the investigation in relation to the Situation in the State of Palestine.” Its mission is to collect, preserve and analyse “information and communications from key stakeholders in relation to relevant incidents.”
In November 2023, the office of the prosecutor received a referral from South Africa, Bangladesh, Bolivia, Comoros and Djibouti to investigate “the Situation in the State of Palestine.” The referral requests the prosecutor “to vigorously investigate crimes under the jurisdiction of the Court allegedly committed” on various grounds, including, among others, the unlawful appropriation and destruction of private and public properties, the forcible transfer of Palestinians, the unlawful transfer of Israel’s population into Occupied Palestinian Territory and a discriminatory system amounting to apartheid.
The spectacularly brutal Israeli campaign in Gaza following the October 7 attacks by Hamas also enlivened interest in using the ICC’s jurisdiction to investigate allegations of genocide, crimes against humanity and relevant war crimes. But the notable catch, and bound to be threatening to its intended targets, was the request that culprits be found, and perpetrators be outed and held accountable. South Africa, more specifically, requested that the prosecutor “investigate the Situation for the purpose of determining whether one or more specific persons should be charged with the commission of such crimes.”
On May 3, officials from the ICC openly reproached efforts to tamper and modify any opinions on the part of the body regarding its activities. The ICC welcomed, according to Khan, “open communication” with government officials and non-governmental entities, and would only engage in discussions so long as they were “consistent with its mandate under the Rome Statute to act independently and impartially.”
As he continued to explain in his statement, Khan argued “That independence and impartiality are undermined … when individuals threaten to retaliate … should the office, in fulfilment of its mandate, make decisions about investigations or cases falling within its jurisdiction.” He demanded that “all attempts to impede, intimidate or improperly influence its officials cease immediately.”
Netanyahu had previously promised that, under his leadership, “Israel will never accept any attempt by the ICC to undermine its inherent right of self-defense.” He regarded any “threat to seize the soldiers and officials of the Middle East’s only democracy and the world’s only Jewish state” as “outrageous.” Going heavy on the forces of light battling those of darkness – a favourite theme of his – the Israeli PM went on to claim that such actions “would set a dangerous precedent that threatens the soldiers and officials of all democracies fighting savage terrorism and wanton aggression.”
Under my leadership, Israel will never accept any attempt by the ICC to undermine its inherent right of self-defense.
The threat to seize the soldiers and officials of the Middle East’s only democracy and the world’s only Jewish state is outrageous. We will not bow to it.
Israel…— Benjamin Netanyahu – בנימין נתניהו (@netanyahu) April 26, 2024
Far from threatening democracies of whatever flavour, the actions of the ICC can serve the opposite purpose, holding individuals in high office accountable for egregious crimes in international law. In doing so, it can contribute, in no small part, to efforts in defeating impunity and rebutting brutal and often callous assertions of self-defence.
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John C -
Jon Chesterson -
Douglas Pritchard -
Steve Davis -
Harry Lime -
paul walter -
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Clakka -
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Return to home pagePerfect examples again of why the Divided States of Aggression is not worthy of it’s self-imposed title of the western world’s protector. The most despised country in the modern world just keeps making itself even more hated by all and sundry with it’s hypocritical actions. They make a good pair, the DSA and the IDF zionist scum, both will bring this world to near anniilation just to get their own way and show the rest of us how powerful they think they are. If there was a god then he much be crying bucket loads of tears looking at what sort of behaviour his so-called “chosen people” are inflicting on anyone who voices opposition to them. Torture, maiming and slaughter are just tools to use to these sub-humans who’s ultimate aim is to totally wipe out the true owners of Palestine so they never have to give it back, all done with the weapons, support and backing of the Septic Tank government. Benedict Orange should be at the top of the list of those who should be arrested again but this time by the ICC. Ultimately that is what they are worried about, because of the decades of war crimes commited in the name of the biggest embarrassment in the word, the cuntry known as America.
TRUE COLOURS BIBLICAL EVEN THE BLIND AND INARTICULATE CAN SEE
The USA at its best bullying the ICC and international community – prepared to defend Israel and rogue states whatever the cost on a biblical scale. How dissonant, indifferent and content America is with its role in providing weapons unconditionally like candy to Israel for the destruction and genocide of tens of thousands of innocent civilians, men, women and children in Palestine, the displacement of almost 3 million people and facilitating absolute poverty and famine, so that Netanyahu, allegedly a war criminal, his rogue government and Israel can effectively wipe out Palestine, and erase it from the world? Since 1948 Israel has been annexing and occupying Palestine, bullying, imprisoning, slaughtering Palestinians against the UN terms under which the two states were recognised and established, and still America persists in this unforgivable inhumane, murderous, illegal, foreign massacre and enterprise.
What is it with the USA and impunity? Worse still that which Trump seeks to conduct his affairs and which Republicans and Congress clearly would grant him if there were no judiciary, and even then we have to wait and see – The parallel story to Netanyahu and his quest to silence the independent judiciary in Israel, blatant red flags for any legitimate democracy exposing the corruption of State/s. And this is all taking place under Biden’s watch. The nepotism and hypocrisy – like two rotting peas in a pod for anyone with eyes to see, and we do!
Our daily lives are lived out under the constant threat of terrorism from the biggest of the lot by far-America.
If you stack up the criteria for who can, without a qualm, dish out an early death in the midst of massive destruction, then the leading contender is our old pal.
They act with total disregard for law, ethics, and all things that signify a civilized status.
They have the BIG guns and not hesitant about using them.
Never forget that only one nation on this planet has used the nuclear option, not once but twice, so that you have no doubt these folks could not care about anyones future but their own.
What is truly appaling is that we sit in judgement and label its enemies with the title of terrorists, when we know deep down that we are delusional ………………..and then act on that!
The ICC is not the only international body being undermined by the US.
Have you wondered why we hear little about the World Trade Organisation lately?
I don’t have much time for the WTO, but…
From wikipedia — Since 2019, when the Trump administration blocked appointments to the body, the trade dispute resolution mechanism the Appellate Body has been unable to enforce WTO rules and punish violators of WTO rules. Subsequently, disregard for trade rules has increased, leading to more trade protectionist measures. The Biden administration has maintained Trump’s freeze on new appointments.
But the WTO was in trouble years earlier.
Comment from The Wire, Oct 2017 — “It is called Buyers’ Remorse – ‘We made the rules, we know what they mean and they should not apply to us’ – this is effectively the position of the US,” a seasoned trade official in Geneva says on the deepening crisis at one of the most important institutions for international trade governance – the Appellate Body (AB) at the World Trade Organization (WTO).
Headline from Reuters Aug 28 2018 — U.S. blocks WTO judge reappointment as dispute settlement crisis looms.
IISD gave a good account of the issues in March 2022.
https://www.iisd.org/articles/united-states-must-propose-solutions-end-wto-dispute-settlement-crisis
Now the latest, from the WTO itself, Jan 2024 — WTO members were briefed on the latest developments in ongoing informal discussions on dispute settlement reform and work plans for talks in the coming weeks at a meeting of the Dispute Settlement Body (DSB) on 26 January. Members were mandated at the WTO’s 12th Ministerial Conference to conduct discussions, with the view to having a fully functioning dispute settlement system accessible to all members by 2024.
So it’s not difficult to see what’s happening here. The US has paralysed the WTO and is holding out until reforms that favour the US are implemented.
“One Ring to rule them all,
One Ring to find them,
One Ring to bring them all
and in the darkness bind them.”
― J.R.R. Tolkien, The Fellowship of the Ring
Don’t you love it when reality imitates art?
Given the recent alarming crackdown on protest both here and within our ‘glorious’ Auckus partner countries,I worry about Dr Binoy’s safety.The truth is no defence against crooks,see:Modi etc.Keep an eye out for suspicious vehicles with blacked out windows,Binoy,our government is being sucked down the black hole of US imperialism.Also see: Assange.But keep shining that torch up their kilts.
To harp on…Albanese is not up to the job, and has been bitterly disappointing.
Yes, people pretty much understand the Americans and Jabotniks far better than they would like.
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Uncle Sam’s exceptionalism and hubris seems to have arisen from their perception of a debt owed for ‘saving’ the allies from the Nazi coalition. Rather than return home and get about reforming its many past errors in agriculture, commerce and associated industries, it opted for indulgence in its old internal warrior glory, mixed with imports of fascist absolutism, cranking of its military industries, and setting forth with an enriched xenophobia, under the auspice of self-appointed ‘world’s policeman’.
Having at the base of their m.o. – xenophobia, paranoia, ecological ignorance, expansionism via weaponry, and indulgent exceptionalism, their hegemony was cast, and along with it, their model; ‘suicide capitalism’.
Joining them, of course, the relics of the old imperium, now become the 5-eyes.
Euphemistically named, the ‘rules based order’. All very well, but for their refusal to adopt its instruments particularly those of the UN and International Courts.
Any notion that there’s been a progression towards universal equity and enlightenment, since the bad old days of slavery, East India Cos & the like, and the opium wars (all militarized), is just complete bullshit. It all just carries on as in the days of the competitive brazenness of Royal adversaries and their hired pirates, but under the haze of corporatization. Running amok globally, press ganging, black birding, black balling and culture crushing in a govt sponsored militarized mercantile mayhem. Thieving at any opportunity, whilst leaving a fossil-fuel based chemical blanket of destruction over their own populace, and the rest of the world. There can be no manumission, because they’d have to admit their egregiousness, they opt instead for a snow job of bling, infantilisation, alcohol, cocaine, narcotics (again), barbiturates and amphetamines, etc.
“All good.”, they might have said, until the toll on their treasury from trying to loot the world to feed their exceptionalism became insurmountable. The scars from their self-harming were no longer healing, the whole world could see the bleed as they lurched toward the endgame of ‘suicide capitalism’.
Then, surprise, surprise (not) along comes anthropomorphic climate change, just one of the terrifying symptoms, along with toxified soils, water, plantae and animalia. Oooops. How does one unstitch a hegemon, and its imposed dependency? Not possible, I’d venture. Before its imminent collapse, maybe just surreptitiously borrow what you may need from its tech, and go about your own business.
So much for notions of supremacy and impunity.
PS.
Listened to LNL interview with Upton Sinclair, author of Barons. Money, power and the corruption of the American food industry. Horrendous. Featured large, JBS criminal Brazilian cabal of the meat industry now global, and in lightening speed, already dominating the Oz meat industry. Looking forward to reading it soon. https://islandpress.org/books/barons#desc
But how to deconstruct growth capitalism and consumerism as imposed from the top down?
A view of the progression in Oz since WWII seems to reveal that as the top-down hair-brained neo-fascist impositions of Thatcher and Reagan took hold in the ‘west’, the power of the ordinary citizens was eroded and supplanted by merchants, banks and money manipulators who, pulling the strings of politics, created the insatiable beast that on first principles served no-one but itself. It harnessed the technocrats to its ever-expanding monopolistic rolling ball. It completely commodified everything seeking supremacy, such that its critical mass subsumed politics, executives, democracy and governments of all kinds.
After the WWII devastation, much of the world’s economic resource was exhausted and skilled and any labour was in extreme short supply. So unprecedented co-operation by the countries of Europe brought about the reconstruction. Whilst Russia, eastern Europe and the East were ill-equiped and the remaining citizens either migrated west or took many decades to slowly reconstruct, with the ‘help’ of the west’s great beastly rolling ball.
The world’s population skyrocketed from 2 billion to 8 billion, based on some notion of a utopian furture driven by the apparent success of reconstruction, after all, such burgeoning of population is affected by a sense of confidence. A confidence that would feed the insatiable beast, as long as ecology was ignored and the process of toxifcation concealed. A fraught system premised on arcane notions of supremacy, divide and conquer, exploitation, obscurantism and lies.
It would seem that the processes of top-down impositions are the natural bedfellows of the corruptions that cement in fraught systems. A nonsense that ‘might is right.’
Clearly, post WWII reconstruction reveals that cooperation can affect renewal after devastation, and that confidence will be generated upon progress towards renewal.
But what of anthropomorphic climate change and the pressing affect of ecology and toxification ignored? Firstly, the obscurantism and lies must stop. The populace is already aware of the dangers, and its anxieties are building, as they are top-down cajoled into a continued dependency, there is a distinct loss of confidence, and fear of imminent collapse. Contraction is already happening, but as an inevitability of the top-down crash. The top-down impositions must give way to a bottom-up, needs-based countenance of contraction. The technology likely already exists to facilitate it.
The insatiable beast must be supplanted by networks of community serving co-operatives, who can guide the actions of bodies providing the more broad needs of essential global services, coupled with a community enriching sharing economy, where one is happily interdependent, and doesn’t need one of everything by which to build a pointless bastion.
It seems the networks already exist, and to some degree are already in Europe, starting to shift the focus to need and sustainability rather than aspiration to castles in the air, and supremacy. I do like the m.o. of the Mondragons – proof-positive that change can be affected.
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