The U.S. Needs a Better Strategy for Combating the International Criminal Court

This week, the State Department announced that it is sanctioning the chief prosecutor of the International Criminal Court (ICC) and another official, after they decided to investigate American military personnel. The move reflects Washington’s longstanding, bipartisan opposition to the court. While recognizing the importance of curbing the ICC’s lawlessness, Orde Kittrie suggests alternative means of doing so:

The stakes for U.S. and Israeli security are high. . . . Experts have speculated that the ICC could indict former president George W. Bush and former CIA directors, including George Tenet, and Secretary of State Mike Pompeo. Israel faces similar risks. Its government has reportedly prepared a list of several hundred current and former Israeli officials, including the prime minister, who could be subject to arrest abroad if the ICC moves forward against Israel.

The United States can more effectively attempt to block the ICC’s illegitimate investigations by building on bipartisan support at home and leveraging common ground with allies. The United States should emphasize that potential ICC steps forthcoming in 2020 that are hostile to American interests could cause damage to the court’s relationship with the United States in ways that would outlast the current administration.

In recent years, more than half the ICC’s 155 million-euro annual budget has come from a handful of close U.S. allies: Japan, Germany, the United Kingdom, France, Italy, Canada, and Spain. These allies can remind the ICC of the substantively strong arguments that its investigations of the United States and Israel are contrary to its own rules and clash with its founding principles. By steering the ICC away from confrontation with the United States, these allies can protect their own overseas military personnel from problematic precedents.

Read more at FDD

More about: ICC, International Law, Israeli Security, U.S. Foreign policy

How to Save the Universities

To Peter Berkowitz, the rot in American institutions of higher learning exposed by Tuesday’s hearings resembles a disease that in its early stages was easy to cure but difficult to diagnose, and now is so advanced that it is easy to diagnose but difficult to cure. Recent analyses of these problems have now at last made it to the pages of the New York Times but are, he writes, “tardy by several decades,” and their suggested remedies woefully inadequate:

They fail to identify the chief problem. They ignore the principal obstacles to reform. They propose reforms that provide the equivalent of band-aids for gaping wounds and shattered limbs. And they overlook the mainstream media’s complicity in largely ignoring, downplaying, or dismissing repeated warnings extending back a quarter century and more—largely, but not exclusively, from conservatives—that our universities undermine the public interest by attacking free speech, eviscerating due process, and hollowing out and politicizing the curriculum.

The remedy, Berkowitz argues, would be turning universities into places that cultivate, encourage, and teach freedom of thought and speech. But doing so seems unlikely:

Having undermined respect for others and the art of listening by presiding over—or silently acquiescing in—the curtailment of dissenting speech for more than a generation, the current crop of administrators and professors seems ill-suited to fashion and implement free-speech training. Moreover, free speech is best learned not by didactic lectures and seminars but by practicing it in the reasoned consideration of competing ideas with those capable of challenging one’s assumptions and arguments. But where are the professors who can lead such conversations? Which faculty members remain capable of understanding their side of the argument because they understand the other side?

Read more at RealClearPolitics

More about: Academia, Anti-Semitism, Freedom of Speech, Israel on campus