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.

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Read more at Evelyn Gordon

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

Europe Must Stop Tolerating Iranian Operations on Its Soil

March 31 2023

Established in 2012 and maintaining branches in Europe, North America, and Iran, the Samidoun Palestinian Prisoner Network claims its goal is merely to show “solidarity” for imprisoned Palestinians. The organization’s leader, however, has admitted to being a representative of the Popular Front for the Liberation of Palestine (PFLP), a notorious terrorist group whose most recent accomplishments include murdering a seventeen-year-old girl. As Arsen Ostrovsky and Patricia Teitelbaum point out, Samidoun is just one example of how the European Union allows Iran-backed terrorists to operate in its midst:

The PFLP is a proxy of the Iranian regime, which provides the terror group with money, training, and weapons. Samidoun . . . has a branch in Tehran. It has even held events there, under the pretext of “cultural activity,” to elicit support for operations in Europe. Its leader, Khaled Barakat, is a regular on Iran’s state [channel] PressTV, calling for violence and lauding Iran’s involvement in the region. It is utterly incomprehensible, therefore, that the EU has not yet designated Samidoun a terror group.

According to the Council of the European Union, groups and/or individuals can be added to the EU terror list on the basis of “proposals submitted by member states based on a decision by a competent authority of a member state or a third country.” In this regard, there is already a standing designation by Israel of Samidoun as a terror group and a decision of a German court finding Barakat to be a senior PFLP operative.

Given the irrefutable axis-of-terror between Samidoun, PFLP, and the Iranian regime, the EU has a duty to put Samidoun and senior Samidoun leaders on the EU terror list. It should do this not as some favor to Israel, but because otherwise it continues to turn a blind eye to a group that presents a clear and present security threat to the European Union and EU citizens.

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Read more at Newsweek

More about: European Union, Iran, Palestinian terror, PFLP