The ICC’s Case against Israel Exposes the Dangers of International Law

On Monday, Karim Khan, the prosecutor for the International Criminal Court (ICC), announced that he is seeking arrest warrants for Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant, as well as for three senior Hamas leaders. Kyle Orton examines some procedural flaws in Khan’s case, and argues that the ICC’s investigation, with which Israeli officials cooperated, was in fact a “sham.” He then turns to the bigger picture:

The prosecutor, the judges, and the rest of the ICC bureaucracy are drawn from an international layer of highly ideological academics and lawyers committed to the “progressive development of international law.” . . . By definition, this cadre sees national sovereignty as the biggest impediment to its objectives, and is by disposition virulently hostile to claims based on traditional rather than rational-legal authority, to claims of national interest generally, to the use of force in pursuit of same, to nationalism or patriotism in any form, and really to democracy, seeing it as a destabilizing factor that produces undesirable elements in the international system—look at Donald Trump—which compete with their own magisterial impartiality.

This obviously makes the Jews a special problem, holding to their ancient creed of peoplehood centered on the Land of Israel. . . . During the Enlightenment, Jews were attacked for stubbornly holding on to their insular, backward particularism. . . . The language has changed, but the theme of Jews as not only holdouts against the tide of universalist progress, but as a cosmic danger to the entire enterprise, has remained within Western elites, whose members now come from the four corners of the earth and staff the ICC.

The next step, of course, is to use the ICC against the United States and other democracies. Orton concludes:

As with so many things that start as problems for Jews, “international law” of the modern kind, embodied in the ICC and United Nations institutions like the International Court of Justice (ICJ), is a problem for us all.

Read more at It Can Always Get Worse

More about: Anti-Semitism, ICC, International Law

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