Trump's ICC sanctions underline that the US is a rogue state
The determination to destroy the so-called 'international order' to protect Israel from justice is not a sign of strength.
The United States is a rogue state. That is what Donald Trump’s decision to impose sanctions on the International Criminal Court underlines.
Last November, the ICC issued arrest warrants against the Israeli prime minister Benjamin Netanyahu and his former defence minister Yoav Gallant - for war crimes and crimes against humanity
That came after a very long process, involving a legal panel of distinguished lawyers, and approval by judges from three different countries. It was last May when the Chief Prosecutor of the International Criminal Court, Karim Khan, issued requests for those arrest warrants.
There are 125 countries on earth who are parties to the Rome Statute which established the ICC back in 1998.
While the vast majority of Western states signed up, the United States was one of just seven countries to vote against in 1998. That’s because the world’s hegemon knew that that its projection of global power involved multiple war crimes - and it not unreasonably feared that its military personnel and political leaders could face legal action or at least scrutiny as a result.
Israel refused to sign up to the Court, too, for obvious reasons: but the State of Palestine - which is recognised by most countries on earth - was accepted as a member in 2015. That meant that the ICC had jurisdiction for crimes committed in the State of Palestine - and crimes committed by citizens of the State of Palestine.
This is analogous to Russia and Ukraine: Russia signed up in 2000 but then refused to ratify it, but Ukraine accepted the court’s jurisdiction over its territory over a decade ago, when Crimea was annexed. That’s why the ICC issued arrest warrants for Vladimir Putin in March 2023, as well as the Russian commissioner for children’s rights for the war crime of unlawful deportation and transfer of children, as well as subsequently military figures. Russia might not be a signatory, but Russia has committed war crimes in Ukraine, where the ICC has jurisdiction.
In the same way, Israel might not be a signatory to the ICC, but it has committed war crimes and crimes in a territory where the ICC has jurisdiction, the State of Palestine, and that jurisdiction is also why the ICC issued arrest warrants for Hamas leaders, all of whom have since been killed by Israel.
The ICC clearly doesn’t have its own police force. Instead its member states are obligated to act on the arrest warrants if those subject to its arrest warrants land on their territory, which we’ll come on to.
Trump’s executive order imposed financial and visa restrictions on ICC staff and anyone it is alleged is assisting ICC investigations against the US and its allies, claiming that the ICC is guilty of illegitimate and baseless actions targeting America and our close ally Israel”, adding that Israel is “a democratic state whose military strictly adheres to the laws of war”
This is a deranged inversion of reality, of course. Donald Trump has just spent the last few days justifying the ethnic cleansing Gaza on the grounds that it is “hell”, a “demolition site” - indeed that it is inhospitable to life. The only explanation for that is that Israel carpet bombed Gaza - which is how Joe Biden described it, the man who armed the carpet bombing - and that is itself a war crime.
As two US government agencies concluded last April, Israel was deliberately preventing the essentials of life from getting into Gaza - the main plank of the current ICC case - and that is a grave war crime.
Additionally, Israeli leaders and officials made clear from the beginning they were committing war crimes. It is extremely rare for intent to be so clearly and unapologetically articulated.
For example, the Minister of Defence, Yoav Gallant, subject to an arrest warrant, who declared on 9th October 2023 that Israel was “imposing a complete siege on Gaza. No electricity, no food, no water, no fuel. Everything is closed. We are fighting human animals and we are acting accordingly”
Or indeed the Israeli general Ghassan Allian, who was in charge of COGAT, the Israeli military’s civilian arm, who posted a message specifically addressed to the “residents of Gaza”, in which he said:
“Hamas became ISIS and the citizens of Gaza are celebrating instead of being horrified. Human animals are dealt with accordingly. Israel has imposed a total blockade on Gaza, no electricity, no water, just damage. You wanted hell, you will get hell.”
Emphasising there was no distinction between the civilian population and military targets, that the civilian population had collective guilt, and would suffer collective punishment - which he makes clear in no unsubtle terms.
We could go on: Israeli leaders and officials were extremely clear from the start that they were going to commit hideous war crimes, which they then did.
The threats to the ICC are longstanding. Joe Biden denounced the ICC when the chief prosecutor first made his requests.
Last May, Republican Senators sent the ICC prosecutor threats - declaring: “Target Israel and we will target you,” adding that the US will “sanction your employees and associates, and bar you and your families from the United States.”, concluding: “You have been warned”.
Let’s call these people what they are - gangsters.
Now Karim Khan, the chief prosecutor was asked about the threats he was receiving by CNN’s Christiane Amanpour last year.
It is particularly instructive that he was told: “This court is built for Africa and for thugs like Putin.”
And that sums it up - the West can be have as it so wishes. It is above the lawL it has total impunity.
Now as is, some signatories to the ICC have said they will refuse to act on the Israel arrest warrants - like Italy, France, Poland. They are willing to destroy whatever remains of the world order to protect Israel from genocide.
It is worth noting here the role of so called liberals. I’m not a liberal, I’m a socialist. But where all the self described liberals? What is more supposedly ‘liberal’ than defending international law, the “rules based order”, the “rule of law”. And yet many of them are quiet or actively complicit.
The utter bankruptcy of Western liberalism, which has essentially willingly killed itself in favour of the rise of right wing authoritarianism, is very instructive.
The truth is the US is a declining power, and Trumpism is a morbid symptom of that crisis
The case against Israel is overwhelming: it is guilty of some of the worst crimes of our age - and Trump and other Western leaders are complicit in those crimes, and justice must come for them, too.
The reference to “underlines” is entirely justified. They have acted in a singular, self interested manner in almost every multilateral organisation they are involved with, the UN included. And in targeting the ones they aren’t. Trump is just more brazen about it; his lack of any subtlety just makes more apparent what the US government (Democratic or Republican) have always done.
This should be ringing alarm bells globally, Trump leaving future wars open to industrial scale slaughter of civilians.