The International Criminal Court’s Record on Israel Reveals Its Underlying Flaws

In a public speech earlier this month, the American national-security adviser John Bolton sharply criticized the International Criminal Court (ICC) and threatened retaliation should it try to prosecute the U.S. or Israel. As Evelyn Gordon notes, multiple complaints against Israel have been submitted to the court, and its judges have twice failed to respect basic principles of impartiality with regard to those complaints. In one instance, the pre-trial chamber—tasked with determining whether charges filed by the prosecutor are sufficient to necessitate a trial—rejected the prosecutor’s own decision that Israel’s actions didn’t justify prosecution. And the court made an even more outrageous move in July:

Without waiting for [the ICC’s prosecutor Fatou] Bensouda to conclude any of her other Israel-related probes (the Palestinian Authority inundates her with complaints), the pre-trial chamber ordered the court’s registry to establish “a system of public information and outreach activities for the benefit of the victims and affected communities in the situation in Palestine,” open an “informative page” on the court’s website exclusively for Palestinians, and report to the chamber on these operations every three months with the goal of creating a “continuous system of interaction between the Court and victims, residing within or outside of Palestine.”

Bensouda has yet to conclude that any crime even occurred, much less that the court has jurisdiction over it (which is far from self-evident). Moreover, the judges have yet to see any evidence in the cases at issue. Yet by declaring the Palestinians to be victims to whom the court must reach out, they have effectively announced that they’re already convinced both that crimes have occurred and that they’re within the court’s jurisdiction. And if the judges have decided all this without even bothering to review any evidence, how could they possibly be trusted to evaluate the evidence fairly should Bensouda actually file charges?

Moreover, by twice sending Bensouda clear signals that they want her to indict Israel, the judges have undermined her credibility as an independent prosecutor. If she ever does file such charges, will it be because she truly considers them justified or only because it’s easier to placate the judges above her than to keep defying them?

Thus the court’s track record on Israel alone provides ample justification for Bolton’s broadside against it. Indeed, it ought to concern many countries since a court that’s biased against one country can’t be trusted to eschew bias against others. . . . And by refusing to overlook that uncomfortable fact—by refusing to grant a travesty of justice the honor due the real thing—America is upholding its highest ideals.

Read more at Evelyn Gordon

More about: ICC, Israel & Zionism, John Bolton, U.S. Foreign policy

While Israel Is Distracted on Two Fronts, Iran Is on the Verge of Building Nuclear Weapons

Iran recently announced its plans to install over 1,000 new advanced centrifuges at its Fordow nuclear facility. Once they are up and running, the Institute for Science and International Security assesses, Fordow will be able to produce enough highly enriched uranium for three nuclear bombs in a mere ten days. The U.S. has remained indifferent. Jacob Nagel writes:

For more than two decades, Iran has continued its efforts to enhance its nuclear-weapons capability—mainly by enriching uranium—causing Israel and the world to concentrate on the fissile material. The International Atomic Energy Agency recently confirmed that Iran has a huge stockpile of uranium enriched to 60 percent, as well as more enriched to 20 percent, and the IAEA board of governors adopted the E3 (France, Germany, UK) proposed resolution to censure Iran for the violations and lack of cooperation with the agency. The Biden administration tried to block it, but joined the resolution when it understood its efforts to block it had failed.

To clarify, enrichment of uranium above 20 percent is unnecessary for most civilian purposes, and transforming 20-percent-enriched uranium to the 90-percent-enriched product necessary for producing weapons is a relatively small step. Washington’s reluctance even to express concern about this development appears to stem from an unwillingness to acknowledge the failures of President Obama’s nuclear policy. Worse, writes Nagel, it is turning a blind eye to efforts at weaponization. But Israel has no such luxury:

Israel must adopt a totally new approach, concentrating mainly on two main efforts: [halting] Iran’s weaponization actions and weakening the regime hoping it will lead to its replacement. Israel should continue the fight against Iran’s enrichment facilities (especially against the new deep underground facility being built near Natanz) and uranium stockpiles, but it should not be the only goal, and for sure not the priority.

The biggest danger threatening Israel’s existence remains the nuclear program. It would be better to confront this threat with Washington, but Israel also must be fully prepared to do it alone.

Read more at Ynet

More about: Iran nuclear program, Israeli Security, Joseph Biden, U.S. Foreign policy