Alameen Templeton
Which one is it – “the Home of Democracy” or “the Home of Genocide”? America cannot be both, no matter how hard it wants its free lunch while the Washington-enforced Gaza genocide continues.
Now, Wathington has its crosshairs focused on the International Criminal Court following its 3-judge bench decision to issue arrest warrants for genocidal Israel’s war criminal leaders. And it’s also threatening to “crush” any country that dares enforce the warrants with an arrest of either Benjamin Netanyahu or Yoav Gallant.
Court under threat
Trump’s nominee for national security adviser, Mike Waltz, announced on X: “You can expect a strong response to the antisemitic bias of the ICC and U.N. come January.”
US senator Lindsey Graham is leading the charge with another “Make America Genocidal Again” senator, Sam Cotton.
Although Karim Khan the ICC prosecutor hasn’t divulged names, it seems almost certain it was Graham who told him in a May 1 phone call that ICC criminal cases should be brought against Africans or Russian President Vladimir Putin, and not against the leaders of Western countries and their allies.
Graham tweeted at the weekend on X: “Any nation or organization that aids or abets this outrage should expect to meet firm resistance from the United States, and I look forward to working with President Trump, his team, and my colleagues in Congress to come up with a powerful response.”
The South Carolina senator later told Fox News: “If you are going to help the ICC as a nation and force the arrest warrant against Bibi and Gallant, I will put sanctions on you as a nation.”
‘We’re gonna sanction you’
During an interview with Fox News’ Sean Hannity, Graham warned: “You’re gonna have to pick the rogue ICC vs. America. I’m working with [Sen.] Tom Cotton to have legislation passed as soon as we can to sanction any country that aids and abets the arrest of any politician in Israel. What they’re doing in Israel is trying to prevent a second Holocaust. So, to any ally — Canada, Britain, Germany, France — if you try to help the ICC, we’re gonna sanction you.”
The UK’s Independent reports Hannity asked what the penalty should be and Graham replied” “We should crush your economy, because we’re next.”
Cotton posted on X: ““The ICC is a kangaroo court and Karim Khan is a deranged fanatic. Woe to him and anyone who tries to enforce these outlaw warrants. Let me give them all a friendly reminder: the American law on the ICC is known as The Hague Invasion Act for a reason. Think about it.”
Now, America’s Nato allies are huddled in confusion, torn between deracinating the ICC from its home and cultural genesis in The Hague and ignoring its decision, or enforcing it and thereby inviting the wrath of Washington.
Many European countries have said they will enforce the arrest warrants if either Netanyahu or Gallant ever visit, but they’re talking a different story following the US threats.
Eyes shut tight
It’s a far cry from those distant years, like 2023, when the ICC slapped arrest warrants against Vladimir Putin and EU leaders knew exactly what that meant. He skipped a visit to South Africa for a BRICS conference for fear of being arrested. They also knew what ICC arrest warrants meant when South Africa failed to arrest Sudan’s president Omar al-Bashir on a visit in 2017. Pretoria later claimed it didn’t realised signing the ICC agreement meant they had to arrest him. The court clarified South Africa had failed in its obligations and made it clear member countries must enforce its warrants.
Now, suddenly, it’s all complicated again, as far as Europe is concerned, although the rest of the world sees the situation as a “slam dunk”: Legal website, Lawfare, for example, describes the court’s decision as “unsurprising”.
France said Wednesday the warrants were invalid as they could not be issued against a sitting head of state. The Middle East Monitor reports the French foreign ministry said Netanyahu is covered by immunity as a sitting head of government, because Israel is not a state member of the ICC.
But, clearly, the warrants and the EU’s reaction to them, against Putin and al-Bashir have already laid that argument to rest.
Coalition of the unwilling
Italy is trying to form a “unified EU position” on the issue, even though the consequences are clear.
Italy on Tuesday said there were “many doubts” about an International Criminal Court (ICC) arrest warrant for Israeli Prime Minister Benjamin Netanyahu, saying it was not feasible to arrest him as long as he remained in charge of the government.
Foreign Minister Antonio Tajani, who tried to forge a common G7 position on the issue, said Rome had many doubts on the legality of the mandates and clarity was needed on whether high state officials had immunity from the arrest.
Lawfare reports, under Article 58(1) of the Rome Statute — the treaty that created the court — a Pre-Trial Chamber can issue an arrest warrant if it finds that:
1) there are reasonable grounds to believe that the person has committed a crime within the jurisdiction of the Court; and
2) the arrest of the person appears necessary to ensure the person’s appearance at trial; to ensure that the person does not obstruct or endanger the investigation or the court proceedings; or, where applicable, to prevent the person from continuing with the commission of that crime or a related crime which is within the jurisdiction of the Court and which arises out of the same circumstances.
Agencia EFE reports the foreign ministers of the G7 hope to reach a “united” position, according to Italian Foreign Minister Antonio Tajani.
United in hypocrisy
“We need to be united on this,” Tajani told the press after the first working session of a two-day meeting of G7 foreign ministers Monday.
EU foreign policy chief Josep Borrell has stated that the ICC warrants against Israel’s prime minister and ex-defense chief should be “respected and implemented.” Hungarian Prime Minister Viktor Orbán criticized the warrants as “outrageously impudent” and “cynical,” and extended an invitation to Netanyahu to visit Budapest.
Germany, a key weapons exporter to Israel and a champion of universal principles of justice, is “examining” the implications of the warrant. Italy, Ireland, Belgium, the Netherlands, and France have expressed willingness to act on the warrants.
The ICC issue sparked tension within Italian Prime Minister Giorgia Meloni’s coalition.
Defence Minister Guido Crosetto said Rome would have to abide by its obligations and arrest Nethanyau if he came to Italy while Matteo Salvini – the leader of the coalition League party – said the Israeli leader would be welcome in the country, MEMO reports.
Türkiye Today reports Sweden supports the warrant for Netanyahu, the country’s Prime Minister Ulf Kristersson said on Tuesday. But he said he first needed to meet the leaders of NATO countries, including Finland, Denmark, Norway and Poland, for a two-day working session in Sweden.
Asked directly by Anadolu if Netanyahu would be arrested if he came to Sweden, Kristersson wavered: “We support the court’s work; we are on the side of the court, but I do not interfere with the concrete decisions.”
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