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 the U.S. Can Retaliate against Hamas

Sept. 9 2024

“Make no mistake,” said President Biden after the news broke of the murder of six hostages in Gaza, “Hamas leaders will pay for these crimes.” While this sentiment is correct, especially given that an American citizen was among the dead, the White House has thus far shown little inclination to act upon it. The editors of National Review remark:

Hamas’s execution of [Hersh Goldberg-Polin] should not be treated as merely an issue of concern for Israel but as a brazen act against the United States. It would send a terrible signal if the response from the Biden-Harris administration were to move closer to Hamas’s position in cease-fire negotiations. Instead, Biden must follow through on his declaration that Hamas will pay.

Richard Goldberg lays out ten steps the U.S. can take, none of which involve military action. Among them:

The Department of Justice should move forward with indictments of known individuals and groups in the United States providing material support to Hamas and those associated with Hamas, domestically and abroad. The Departments of the Treasury and State should also target Hamas’s support network of terrorist entities in and out of the Gaza Strip. . . . Palestinian organizations that provide material support to Hamas and coordinate attacks with them should be held accountable for their actions. Hamas networks in foreign countries, including South Africa, should be targeted with sanctions as well.

Pressure on Qatar should include threats to remove Qatar’s status as a major non-NATO ally; move Al Udeid air-base assets; impose sanctions on Qatari officials, instrumentalities, and assets; and impose sanctions on Qatar’s Al-Jazeera media network. Qatar should be compelled to close all Hamas offices and operations, freeze and turn over to the United States all Hamas-connected assets, and turn over to the United States or Israel all Hamas officials who remain in the country.

Read more at FDD

More about: Gaza War 2023, Hamas, U.S. Foreign policy