The International Criminal Court Threatens Middle East Peace
by Richard Kemp • February 11, 2021 at 5:00 am
The International Criminal Court (ICC) has long had its sights on what it no doubt considers an unholy trinity: Israel, the US and Britain.... First, these are the three Western democracies most active in using legitimate military force to defend their interests. This is anathema to the left-liberal doctrine of ICC officials and their soul-mates in such morally dissipated places as the UN Human Rights Council. Second, they wish to virtue signal, deflecting criticism that the court is biased against African states....
Yet by its charter, dealing with countries that lack the will or capability to bring their own to justice is the sole purpose of the ICC. This does apply to some states in Africa and elsewhere but demonstrably does not apply to Israel, the US or Britain, each of which have long-established and globally respected legal systems.
The ICC's design against Israel is the latest in a long history of endeavours to subjugate and scourge unwilling Jewish people deemed incapable of regulating themselves. When you examine the unexampled contortions the court has gone through just to get to this point, you have no choice but to question whether antisemitism is the motive.
The effects of the ICC's decision will be profound. This is only the end of the beginning. Unless halted, investigations into spurious allegations of war crimes will go on for years, perhaps decades, creating a global bonanza for all who hate Israel, including at the UN, the European Union, various governments and in universities and so-called human rights groups.
But the most detrimental effect of the ICC's decision will be felt by Palestinian Arab people who, for decades, have been abused as political pawns by their leaders and who would be the greatest beneficiaries of any peace agreement with Israel. The ICC's ruling makes such a deal even more remote today.
In an unprecedented move early last year Germany, Austria, the Czech Republic, Hungary, Australia, Canada, Uganda and Brazil petitioned the ICC, of which all are members, arguing that a formal investigation could not be launched as the Palestinian Authority does not meet the definition of a state under the Rome Statute that established and governs the court.
The International Criminal Court (ICC) waited until after US President Joe Biden took the oath of office before unilaterally handing itself territorial jurisdiction over Israel — more than a full year since the pre-trial chamber was asked to rule on the matter. Mindful of President Donald J. Trump's sanctions against ICC staff, including revoking Chief Prosecutor Fatou Bensouda's US entry visa, and his warnings against efforts to brand Israel and other allies as war criminals, court officials lacked the steel to make an announcement while he remained in the Oval Office.