Steven Sahiounie, journalist and political commentator
The International Criminal Court (ICC), and its chief prosecutor, Karim Khan, have come under attack by Israel and its main sponsor, US President Joe Biden and the lawmakers in Washington, after Khan requested on May 20 the court to issue arrest warrants for Israeli and Hamas leaders.
Khan said that Benjamin Netanyahu, Yoav Gallant, and three Hamas leaders - Yahya Sinwar, Ismail Haniyeh and Mohammed Deif - "bear criminal responsibility" for alleged war crimes and crimes against humanity.
The US has a policy of selectively supporting ICC rules when it is in the interests of the US, and attacking the court if the ruling goes against those interests.
The ICC is shackled by the US and its whims, which leaves the actual purpose of the ICC, which is finding justice, unfulfilled and frustrated. If there is an ICC ruling against an African warlord, such as the cases involving Uganda, Sudan and the Congo, then the US is supportive, but in the case of crimes committed by Israel, then the US denies the credibility of the court.
The US constantly preaches on the need for an international rules based order, but Washington wants to be the master of those rules, and they want the option of bending the rules when its suits them.
The highest value for Americans is the concept of freedom and individualism. Israel has denied the freedom of the Palestinian people for 75 years, and prevented them from the human rights that every American enjoys. It is clear that Israel and the US do not share the same values, and yet the US government indoctrinates its citizens in the unconditional support of Israel.
The Biden administration and the US Congress are held hostage to AIPAC, the Israel lobby. All American elected officials, from the top to the bottom, know they can never criticize Israel or its leaders, because their political life depends on their unwavering support of Israel. If they should dare to voice their support of justice for the Palestinian people, they would face political problems which could extend as far as their private life.
The US is experiencing a serious rift in the society, with Republicans and Democrats viewing the other as the enemy. However, in this ultra-polarized political landscape, both parties are supportive of the Israeli attack on Gaza.
In the 1990s, the US supported the creation of a permanent international criminal court. However, the US voted against the Rome Statute that created the court in 1998, with the US voicing concerns that the court would possibly prosecute Americans without US consent.
The US remains a non-member state to the ICC today, and adopted laws to restrict its interactions with the court.
The US supported the ICC prosecution of Saddam Hussein, Slobodan Milosovic, Osama bin Laden, other members of al-Qaeda, leaders of Islamic Jihad and other foreign nationals. This is selective justice: the US supports its enemies going to jail, but not its friends, regardless of whether they deserve prosecution.
In 2020, the ICC investigated alleged crimes committed in Afghanistan, which included the US, Afghan and Taliban forces. Instead of supporting the search for truth and justice, the US imposed sanctions on the ICC prosecutor, Fatou Bensouda, and another senior ICC official.
The ICC and the US are again at odds. Khan's request for arrest warrants for Israeli leaders exposes the US vacillation between seeking international justice, but only when it is in line with US foreign policy goals.
On June 5, the Republican-controlled US House of Representatives voted 247-155 in favor of the Illegitimate Court Counteraction Act. The bill would bar US entry and restrict any US-based property transactions for ICC officials involved with the request by Khan for arrest warrants for Netanyahu and Gallant.
Neither Israel nor the US is a member of the ICC, whose 124 member states will ultimately decide whether to enforce any warrants issued by its judges.
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