SUBSCRIBE TO OUR FREE NEWSLETTER
Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
5
#000000
#FFFFFF
5
#000000
#FFFFFF
icc
Failures of World Leaders Risk Collapse of International Order
To step back from the precipice we are at, those in positions of power must show long-view leadership to build a better world for current and future generations. But time is running out.
Jun 01, 2024
Note: At the conclusion of their board meeting in São Paulo, The Elders this week called on world leaders to uphold international law and prioritize multilateral cooperation to build a better world for current and future generations. The following was their message to those leaders and the world at large.
The world stands on the edge of a precipice. The foundations of international law and multilateral cooperation are at serious risk of collapse due to cumulative failures of political leadership. We face the most perilous moment since the Second World War.
The United Nations and other institutions created to promote the stability and accountability that come through the rule of law are under attack. The growing climate of impunity for states and leaders, who show no respect for the principles on which they were founded, may take us to a point of no return.
The principles of the UN Charter risk being subsumed by aggressive nationalism and great power rivalry. This is not in any state’s long-term interest, given the existential threats to humanity that can only be tackled by global cooperation within a framework of agreed rules.
The rule of law must be applied consistently. Double standards allow autocrats to frame the universal values of human rights and international law enshrined in the UN Charter as Western constructs. They are not. They serve the interests of every country.
International law must be applied universally. No country is above the law. But the double standards being displayed by some states, particularly the most powerful, weaken the credibility of global institutions charged with upholding the rule of law.
Russia’s war on Ukraine remains an act of aggression against a sovereign state and a fundamental attack on the UN Charter with global ramifications. Russian leaders must be held accountable. We support the International Criminal Court’s (ICC) efforts to bring them to justice.
The ICC and the International Court of Justice are both fulfilling their mandates to hold parties in the Israel-Hamas conflict to account under international law.
We oppose any attempts to de-legitimize this work, and threats of punitive measures and sanctions against the ICC Prosecutor or other officials.
The rule of law must be applied consistently. Double standards allow autocrats to frame the universal values of human rights and international law enshrined in the UN Charter as Western constructs. They are not. They serve the interests of every country.
The crumbling of the international order can be seen in the proliferation of conflicts, neglected by the world’s leaders and media, affecting 2 billion people in countries including Myanmar, Sudan, the Democratic Republic of Congo and Haiti.
The failure last week to agree a new pandemics treaty for approval by the World Health Assembly is another example of weak leadership. Scientists are clear that we risk another lethal pandemic. The world has not learned the lessons from COVID-19. We urgently need leaders to engage directly to secure a global agreement to prepare for, prevent and respond to such pandemics, so the world can cope better next time.
With vital negotiations approaching on the future of the world’s climate and biodiversity, countries must have confidence that when they make agreements with each other, those commitments will be implemented.
Now is the time for leaders to be honest with their people. The unpredictability and instability that comes when the rule of law is not guaranteed threatens the security of all countries. In a year of multiple elections, citizens also have a responsibility to cast their vote wisely, choosing leaders who take a longer view of protecting their interests, and rejecting populists who exploit fears and foster division for short-term gain.
As we conclude our board meeting in Brazil, we look to the country’s leadership to seize the opportunities presented by November’s G20 Summit and the major climate conference (COP30) in 2025, to work with other countries on restoring the credibility of the multilateral system and the trust which underpins it.
To step back from the precipice we are at, those in positions of power must show long-view leadership to build a better world for current and future generations. But time is running out to strengthen the institutions that make possible the collaboration needed to do so.
The Elders are:
Mary Robinson, former President of Ireland and Chair of The Elders
Ban Ki-moon, former UN Secretary-General and Deputy Chair of The Elders
Graça Machel, Founder of the Graça Machel Trust, Co-founder and Deputy Chair of The Elders
Gro Harlem Brundtland, former Prime Minister of Norway and former Director-General of the WHO
Helen Clark, former Prime Minister of New Zealand and former head of the UN Development Programme
Elbegdorj Tsakhia, former President and Prime Minister of Mongolia
Zeid Ra'ad Al Hussein, former UN High Commissioner for Human Rights
Hina Jilani, Advocate of the Supreme Court of Pakistan and co-chair of the Taskforce on Justice
Denis Mukwege, physician and human rights advocate, Nobel Peace Laureate
Ellen Johnson Sirleaf, former President of Liberia and Nobel Peace Laureate
Juan Manuel Santos, former President of Colombia and Nobel Peace Laureate
Ernesto Zedillo, former President of Mexico
Keep ReadingShow Less
US Cheered ICC Arrest Warrants for Putin's Crimes. Not So for Netanyahu's
Why everything Washington officials said in response to the request for warrants by the International Criminal Court's top prosecutor was wrong.
May 21, 2024
Karim A.A. Khan, chief prosecutor of the International Criminal Court (ICC), said Monday that he is asking the the ICC to issue arrest warrants for several Hamas leaders as well as Israeli Prime Minister Benjamin Netanyahu and Secretary of Defense Yoav Gallant.
It is the first time the ICC has sought warrants against leaders of a parliamentary government. Most of the officials indicted have been from African dictatorial regimes. If the warrants are approved, in a process that may take several months, Netanyahu and Galant will join a rogues gallery featuring deposed Libyan strongman Moammar Gaddafi, deposed Sudanese dictator Omar al-Bashir, and Russian President Vladimir Putin.
In March, 2023, just a year ago, Secretary of State Antony Blinken asked all countries that are parties to the ICC to detain Vladimir Putin if they could, after the court issued an arrest warrant for him. Russia is not a signatory to the Rome Statute that authorizes the court, but in 2015 Ukraine (also not a signatory) granted jurisdiction to the court over Ukrainian territory. It was for crimes committed in Ukraine that Putin was indicted.
The reaction in Washington to the warrant request for Netanyahu and Galant has been the opposite. This reaction shows that the Biden administration does not respect international law and does not care that Putin committed crimes under it, but just wants to stick it to Putin. It is personalistic, not a matter of law. Because if the law was at issue, it should apply to everyone, including (especially) Benjamin Netanyahu, the Butcher of Gaza.
Everything Washington officials said in response to the request for warrants was wrong. I mean, incorrect. It isn’t a matter of opinion or a difference in values. They are spewing falsehoods. It is as though they have all contracted Trumpitis and now keep compulsively telling serial lies.
President Biden, apparently now the chief defense attorney for Netanyahu, denounced any “equivalence” between Hamas and the Israeli leadership and said that he rejects charges of genocide against it.
Biden’s spokespeople questioned whether the ICC has jurisdiction to charge the Israeli leaders.
President Biden, apparently now the chief defense attorney for Netanyahu, denounced any “equivalence” between Hamas and the Israeli leadership and said that he rejects charges of genocide against it.
Secretary of State Antony Blinken condemned the announcement as “outrageous” and said that it threatened the success of negotiations toward a ceasefire and a hostage release. Mr. Blinken did not explain why the ICC request for warrants should should delay a ceasefire. The Biden administration vetoed 3 ceasefire calls at the UN Security Council earlier this year, and abstained on a fourth, which it undercut by falsely damning it as “non-binding.”
Speaker of the House of Representatives Mike Johnson said he and his colleagues would look into the possibility of placing sanctions on the ICC judges and their families.
The 18 judges are elected to nine-year terms by an assembly of the 124 states that are signatories to the Rome Statute, finalized in 2002, which authorizes the court and lays out International Humanitarian Law. The ICC therefore represents nearly two thirds of the countries in the world. Mike Johnson represents a district in Louisiana.
The parties to the International Criminal Court include Britain, Canada, France, Belgium, Germany, Italy, the Netherlands, Norway, Denmark, Ireland, Switzerland, Japan, Spain, Sweden, as well as the State of Palestine and large numbers of countries in Asia, Africa, Latin America and the Pacific. It took some courage to sign the Rome Statute, since the officials of the signatory country place themselves under the authority of the judges. It is not a courage that the United States, Israel or Russia displayed, and it is disgraceful that the United States has not signed the major human rights instrument of the twenty-first century.
So why is everything Washington is saying about the decision of Karim Khan wrong?
First, the request for warrants does not make an equivalence between Israel and Hamas. The court does not judge countries, it judges individual officials.
These are the charges against the three Hamas leaders, aside from just killing a lot of innocents:
- — Rape and other acts of sexual violence as crimes against humanity, contrary to article 7(1)(g), and also as war crimes pursuant to article 8(2)(e)(vi) in the context of captivity;
—Torture as a crime against humanity, contrary to article 7(1)(f), and also as a war crime, contrary to article 8(2)(c)(i), in the context of captivity;
—Other inhumane acts as a crime against humanity, contrary to article 7(l)(k), in the context of captivity;
—Cruel treatment as a war crime contrary to article 8(2)(c)(i), in the context of captivity; and
—Outrages upon personal dignity as a war crime, contrary to article 8(2)(c)(ii), in the context of captivity.
Rape, torture, hostage taking bulk large.
Here are the charges against Netanyahu and Gallant:
- —Starvation of civilians as a method of warfare as a war crime contrary to article 8(2)(b)(xxv) of the Statute;
—Wilfully causing great suffering, or serious injury to body or health contrary to article 8(2)(a)(iii), or cruel treatment as a war crime contrary to article 8(2)(c)(i);
—Wilful killing contrary to article 8(2)(a)(i), or Murder as a war crime contrary to article 8(2)(c)(i);
—Intentionally directing attacks against a civilian population as a war crime contrary to articles 8(2)(b)(i), or 8(2)(e)(i);
—Extermination and/or murder contrary to articles 7(1)(b) and 7(1)(a), including in the context of deaths caused by starvation, as a crime against humanity;
—Persecution as a crime against humanity contrary to article 7(1)(h);
—Other inhumane acts as crimes against humanity contrary to article 7(1)(k).
The charges aren’t the same, or equivalent, at all. The Israeli officials are charged with starving the civilian population, blowing up the civilian population, exterminating the civilian population. There is no mention of rape or torture or hostage taking. In each case the officials are being charged for their specific actions.
The Israeli officials are not charged with genocide by the ICC, contrary to what Mr. Biden alleged.
The reason that the ICC has jurisdiction is that the State of Palestine has very doggedly and brilliantly arranged for that jurisdiction. First, Palestine sought to be admitted as a non-member observer state of the United Nations, the same status that the Vatican has. The UN General Assembly voted Palestine in some 12 years ago. As an observer state, it gained the right to become a signatory to the Rome Statute, which it did in 2015. Then Palestine asked the ICC to exercise jurisdiction over the Occupied Palestinian Territories, which had de jure been granted to the State of Palestine by the 1993 Oslo Peace Treaty, signed by Bill Clinton, Yitzhak Rabin and Yasser Arafat.
On February 5, 2021, the ICC concluded that it does have jurisdiction over actions taken in the Occupied Territories. Gaza is included in that jurisdiction.
Hence, the ICC can issue the request for warrants against Hamas war criminals as well as against Israeli officials who commit war crimes or crimes against humanity in the Occupied Territories. It most definitely has jurisdiction. In fact, since Palestine is a party to the ICC, the case for jurisdiction here is much stronger than for Ukraine and Putin.
Prime Minister Netanyahu has repeatedly rejected the whole notion of a ceasefire and contrary to Mr. Blinken’s flagrant toadying there is no prospect of any such ceasefire. Hamas offered a hostage deal on the eve of the invasion of Rafah, and Netanyahu invaded precisely in order to torpedo any deal. That is why Israelis are demonstrating in the tens of thousands against Netanyahu. If Blinken had any shame he’d fly to Tel Aviv and join them. The ICC decision is completely irrelevant to negotiations, which have in any case collapsed and are not ongoing. Blinken is trying to blame Karim Khan for his own egregious failure as a diplomat. Unlike Khan, Blinken has done nothing practical to hold Netanyahu to account for repeatedly violating the Biden administration’s toothless red lines.
As for Mike Johnson and his merry band of GOP troglodytes, he should be careful if he’d ever like to vacation in Rio or in most of Europe.
Article 70 of the Rome Statute has these paragraphs prohibiting:
- d) Impeding, intimidating or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform, or to perform improperly, his or her duties;
(e) Retaliating against an official of the Court on account of duties performed by that or another official;
The Court should play hardball with politicians that try to sanction its judges and should issue warrants against them. Wouldn’t it be lovely to see Mike Johnson arrested while on vacation at the Copacabana Beach in Rio de Janeiro and unceremoniously flown to the Hague in handcuffs? And Mike Pompeo and Trump, who did sanction ICC judges, should also have warrants out. Though with Trump the ICC would have to get in line behind a whole gaggle of prosecutors waving warrants for an endless list of crimes.
Keep ReadingShow Less
Israel's Deadly Bombing of World Central Kitchen Convoy Was No Anomaly: Report
A new analysis from Human Right Watch argues that numerous attacks on humanitarian relief operations by Israeli forces prove the April 1 bombing that killed 7 people was "far from being an isolated 'mistake.'"
May 14, 2024
A deadly attack on a convoy of World Central Kitchen aid workers which killed 7 people last month was not a one-off occurrence, Human Rights Watch said Tuesday, but rather representative of a documented pattern in which Israel military forces have targeted relief personnel and infrastructure despite being informed of the exact locations of those operations.
"Even though aid groups had provided their coordinates to the Israeli authorities to ensure their protection," an analysis by HRW found that eight such attacks on such operations, including the April 1 bombing of the WCK in Deir al-Balah, have been carried out by Israeli Defense Forces (IDF) over the last seven months.
According to the group's report, "Israeli authorities did not issue advance warnings to any of the aid organizations before the strikes, which killed or injured at least 31 aid workers and those with them."
"Israel's allies need to recognize that these attacks that have killed aid workers have happened over and over again, and they need to stop." —Belkis Willi, HRW
Details of the various attacks, said HRW, show that the WCK bombing was "far from being an isolated 'mistake,'" as the Israeli government has claimed.
Citing figures from the United Nations, HRW notes that over 250 aid workers have been killed in Gaza by Israel since the Hamas-led attack on October 7 of last year.
"Israel's killing of seven World Central Kitchen aid workers was shocking and should never have happened under international law," said Belkis Wille, associate crisis, conflict, and arms director at Human Rights Watch. "Israel's allies need to recognize that these attacks that have killed aid workers have happened over and over again, and they need to stop."
The other seven attacks documented in the report are:
- Attack on a Médecins Sans Frontières (MSF or Doctors without Borders) convoy, November 18, 2023
- Attack on a guest house of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), December 9, 2023
- Attack on an MSF shelter, January 8, 2024
- Attack on an International Rescue Committee (IRC) and Medical Aid for Palestinians (MAP) guest house, January 18, 2024
- Attack on an UNRWA convoy, February 5, 2024
- Attack on an MSF guest house, February 20, 2024
- Attack on a home sheltering an American Near East Refugee Aid Organization (Anera) employee, March 8, 2024
Human Rights Watch sent a letter to Israeli authorities requesting more information about these documented incidents, but said it received no response.
"Israel should make public the findings of investigations into attacks that have killed and injured aid workers, and into all other attacks that caused civilian casualties," the group said on Tuesday. "The Israeli military's long track record of failing to credibly investigate alleged war crimes underscores the importance of the International Criminal Court's (ICC) inquiry into serious crimes committed by all parties to the conflict."
In addition to military targeting of relief operations, the Israeli military has been accused of various crimes, including indiscriminate bombing of civilian populations, forced displacement, and the targeting of medical facilities.
Also on Tuesday, Médecins Sans Frontières (MSF/Doctors Without Borders) released a report documenting Israel's pattern of attacking its facilities, including hospitals, clinics, and ambulance services in Gaza during the current campaign.
"In view of this extensive timeline of reprehensible actions, MSF once again calls on all parties to respect and protect healthcare facilities, healthcare workers and patients in Gaza and the West Bank," the group said Tuesday. "An immediate and sustained ceasefire must be implemented in Gaza now to put an end to the suffering of people and the destruction of Gaza. We demand an immediate and unfettered flow of aid into the entirety of the Gaza Strip. We demand accountability for our colleagues and their family members who have been killed and wounded, and for patients."
In early May, following a month pause of Gaza operations following the deadly attack, WCK announced it was resuming its relief efforts in the area. It has also started construction on a new kitchen facility to elevate and support its mission to feed the people of Gaza as Israel's assault not only continues but intensifies.
"We have spent the past few weeks honoring the lives of Saif, Zomi, Damian, Jacob, James, John, and Jim. We are restarting our operation with the same energy, dignity, and focus on feeding people as these seven heroes brought to their work every single day," the groups said on May 5. "As our work in Gaza resumes, our demand for an impartial and international investigation into the April 1 attack remains."
Keep ReadingShow Less
Most Popular