The U.S. Is Right to Sanction the International Criminal Court

June 18 2020

Last week, the White House issued an executive order imposing sanctions and visa restrictions on anyone involved in efforts of the International Criminal Court (ICC) to prosecute or investigate American personnel. The order was a response to the court’s spurious accusation that the U.S. committed war crimes in Afghanistan. Given the ICC’s current plans to bring charges against Israel for allowing Jews to build homes in the West Bank, and for taking military action against Hamas in 2018 and 2019, James Sinkinson argues that Washington’s recent move not only strengthens an ally, but demonstrates that those who wish to harm Israel almost always wish to harm the United States as well. Moreover, Sinkinson writes, the decision to sanction the court is a decision to take a stand against lawlessness:

Let’s start with the essential purpose of the ICC, which was set up by the United Nations under the Rome Statute in 2002 to prosecute the most heinous international crimes in the absence of a national legal system capable of doing so. [First], neither the actions of the United States nor of Israel under consideration by the ICC even remotely rise to the level of “heinous.” But more importantly, few countries on earth have internal justice systems more rigorous than those of either country.

In addition, neither the United States nor Israel are members of the ICC, so technically neither is subject to ICC authority. In other words, since the court completely lacks legal jurisdiction in these matters, its only purpose can be [a political one].

[Worse still], the ICC’s case against the United States originated from two nonprofit advocacy groups—the International Federation of Human Rights and the Center for Constitutional Rights—related to the Palestinian NGOs that brought the complaint against Israel to the ICC. [These] Palestinian NGOs “maintain strong ties to the designated terror organizations Hamas and the Popular Front for the Liberation of Palestine.” These organizations are certainly not friends of the United States or Israel.

Read more at JNS

More about: ICC, International Law, Israeli foreign policy, U.S. Foreign policy, US-Israel relations

How, and Why, the U.S. Should Put UNRWA Out of Business

Jan. 21 2025

In his inauguration speech, Donald Trump put forth ambitious goals for his first days in office. An additional item that should be on the agenda of his administration, and also that of the 119th Congress, should be defunding, and ideally dismantling, UNRWA. The UN Relief and Works Organization for Palestine Refugees—to give its full name—is deeply enmeshed with Hamas in Gaza, has inculcated generations of young Palestinians with anti-Semitism, and exists primarily to perpetuate the Israel-Palestinian conflict. Robert Satloff explains what must be done.

[T]here is an inherent contradiction in support for UNRWA (given its anti-resettlement posture) and support for a two-state solution (or any negotiated resolution) to the Israel-Palestinian conflict. Providing relief to millions of Palestinians based on the argument that their legitimate, rightful home lies inside Israel is deeply counterproductive to the search for peace.

Last October, the Israeli parliament voted overwhelmingly to pass two laws that will come into effect January 30: a ban on UNRWA operations in Israeli sovereign territory and the severing of all Israeli ties with the agency. This includes cancellation of a post-1967 agreement that allowed UNRWA to operate freely in what was then newly occupied territory.

A more ambitious U.S. approach could score a win-win achievement that advances American interests in Middle East peace while saving millions of taxpayer dollars. Namely, Washington could take advantage of Israel’s new laws to create an alternative support mechanism that eases UNRWA out of Gaza. This would entail raising the stakes with other specialized UN agencies operating in the area. Instead of politely asking them if they can assume UNRWA’s job in Gaza, the Trump administration should put them on notice that continued U.S. funding of their own global operations is contingent on their taking over those tasks. Only such a dramatic step is likely to produce results.

Read more at Washington Institute for Near East Policy

More about: Donald Trump, U.S. Foreign policy, United Nations, UNRWA