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The U.S. Is Right to Sanction the International Criminal Court

June 18 2020

Last week, the White House issued an executive order imposing sanctions and visa restrictions on anyone involved in efforts of the International Criminal Court (ICC) to prosecute or investigate American personnel. The order was a response to the court’s spurious accusation that the U.S. committed war crimes in Afghanistan. Given the ICC’s current plans to bring charges against Israel for allowing Jews to build homes in the West Bank, and for taking military action against Hamas in 2018 and 2019, James Sinkinson argues that Washington’s recent move not only strengthens an ally, but demonstrates that those who wish to harm Israel almost always wish to harm the United States as well. Moreover, Sinkinson writes, the decision to sanction the court is a decision to take a stand against lawlessness:

Let’s start with the essential purpose of the ICC, which was set up by the United Nations under the Rome Statute in 2002 to prosecute the most heinous international crimes in the absence of a national legal system capable of doing so. [First], neither the actions of the United States nor of Israel under consideration by the ICC even remotely rise to the level of “heinous.” But more importantly, few countries on earth have internal justice systems more rigorous than those of either country.

In addition, neither the United States nor Israel are members of the ICC, so technically neither is subject to ICC authority. In other words, since the court completely lacks legal jurisdiction in these matters, its only purpose can be [a political one].

[Worse still], the ICC’s case against the United States originated from two nonprofit advocacy groups—the International Federation of Human Rights and the Center for Constitutional Rights—related to the Palestinian NGOs that brought the complaint against Israel to the ICC. [These] Palestinian NGOs “maintain strong ties to the designated terror organizations Hamas and the Popular Front for the Liberation of Palestine.” These organizations are certainly not friends of the United States or Israel.

Read more at JNS

More about: ICC, International Law, Israeli foreign policy, U.S. Foreign policy, US-Israel relations

The Summary: 10/7/20

Two extraordinary events demonstrate something important about Israel’s most fervent adversaries. One was a speech given at something called The People’s Forum (funded generously by Goldman Sachs), which stated, “When the state of Israel is finally destroyed and erased from history, that will be the single most important blow we can give to destroying capitalism and imperialism.”

The suggestion that this tiny state is the linchpin of a global, centuries-old phenomenon like capitalism goes well beyond anything resembling rational criticism. Even if Israel were guilty of genocide, apartheid, and oppression—which of course it is not—it would not follow that its destruction would help end capitalism or imperialism.

The other was an anti-Israel protest that took place in front of New York City’s Memorial Sloan Kettering Cancer Center, deemed “complicit” in Israel’s evils. At organizers’ urging, participants shouted their slogans at kids in the cancer ward, who were watching from the windows. Given Hamas’s indifference toward the lives of Gazan children, such callousness toward non-Palestinian children from Hamas’s Western allies shouldn’t be surprising. The protest—like the abovementioned speech—deliberately conveyed the message that Israel is the ultimate evil and its destruction the ultimate good, cancer patients be damned.

The fact that Israel’s adversaries are almost comically perverse does not mean that they can be dismissed. If its allies fail to understand the obsessive and irrational hatred that it faces, they cannot effectively help it defend itself.

Read more at Mosaic