US hypocrisy in ICC sanctions

In yet another proof that the world’s most powerful country has entrenched itself in the company of rogue states, the United States has imposed sanctions on the International Criminal Court (ICC) as an institution. The US had previously sanctioned 17 judges, prosecutors, and senior staff of the ICC, but that wasn’t enough, apparently. It has now ordered sanctions on the entire ICC, thereby affecting all who work at or supply goods and services to the only permanent international criminal tribunal in the world.

The reason given by the US for the sanctions is that they are supposedly necessary to “defend US sovereignty.” The previous ICC investigation into potential criminal liabilities of US forces when they occupied Afghanistan is obviously one US concern. More recently, potential US criminal liabilities for its bombing of boats in Latin America, its complicity with Israel in the commission of genocide in Palestine, and its inhumane economic blockade against Cuba are also likely reasons for the sanctions. In addition, the US has openly taken up the cudgels for Israel, whose two leaders (Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant) are the subjects of ICC warrants of arrest.

The US commits hypocrisy when it claims that the ICC violates its sovereignty and that of Israel. After World War II, the US was one of the principal creators of the Nuremberg tribunals, which tried German Nazi officers for war crimes and crimes against humanity. Israel immensely benefited from that trial. Also after World War II, the US by itself, through Gen. Douglas MacArthur, created the Tokyo Tribunal, which tried Japanese officials for war crimes and crimes against humanity. The US hugely benefited from that trial.

The US also played pivotal roles in and provided financial contributions to the creation of ad hoc tribunals that tried leaders of countries who committed international crimes. The US helped create the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda, the Special Court for Sierra Leone, and the Extraordinary Chambers in the Courts of Cambodia.

So, the message that the US wants the world to know is that it’s alright for the rest of humanity to be held liable for international crimes. The US will even actively help in prosecuting these non-Americans. However, the world must bestow on the US and its citizens exemption from liability for the same crimes. Such brazen hypocrisy.

The US is also engaged in deceitful behavior when it claims that the ICC violates its sovereignty if the court exercises jurisdiction over US citizens. What sovereignty is the US talking about? The ICC only exercises jurisdiction when an American citizen commits international crimes inside the sovereign territory of any of the 125 member countries of the ICC. Does the US have superior or coequal sovereignty inside the territories of the 125 member countries? Pure hubris. The US has sovereignty within its own territories, but the ICC will not exercise jurisdiction for international crimes committed within US territory because the latter is not an ICC member.

Even without the ICC, every country has a universally accepted jurisdiction over crimes committed inside its own territory, even if the accused is a foreigner, including an American for that matter. Even non-ICC member countries, therefore, have the sovereign right to exercise jurisdiction over international crimes committed by American citizens within their territories. It is within the sovereign right of every state to either prosecute the accused in a domestic court or delegate the prosecution to an international judicial body like the ICC. So, even the provision in the ICC statute which gives non-ICC member states the power to temporarily delegate to the ICC jurisdiction over international crimes committed inside their territories is a valid exercise of sovereignty.

There is one instance when the ICC can exercise jurisdiction over crimes committed in an unconsenting non-ICC member state such as the US. This is when the United Nations Security Council gives power to the ICC to investigate and prosecute international crimes committed in a non-ICC member state. However, the US is a Security Council member with absolute veto powers. So, the only instance when the ICC can exercise jurisdiction over international crimes committed by the US inside the US or committed by Americans in non-ICC member countries is when the US itself agrees. Without US consent, the ICC can never exercise jurisdiction in such exceptional cases.

By undertaking to “dismantle” the ICC, the US is imposing upon the whole of humanity an international world order where other countries are held liable for international crimes, with the absolute and singular exception of the US and its citizens. The US wants a superior race status for its citizens by demanding that they be granted universal immunity for the most despicable crimes they may commit against mankind. America wants to have the power to go rampaging in all corners of the world without being made responsible for the resulting blood and gore.