The conscience of the world: circumventing the P5
The conscience of the world: circumventing the P5
The ICC Prosecutor makes his move
Synopsis
The ICC Prosecutor issues intention to seek arrest warrants for Israeli leaders AND Hamas leadership. Fully supportive.
Meaning this in the most positive sense - I define the ICC as the “Trade Union against the P3” - a way of getting around the non-signatory blockers in the UNSC - Russia, China, US.
Article below which I will update as key points here on the power of the ICC vs. the BS Israel/the US would have you believe.
Plus also - whatever the outcome of the ICC - what medium term steps MUST be.
Timed for me with bloody Uni exams and final papers so can’t say as much as I’d like - off to study! 😫
Video Synopsis
‼️Article Updated
Article updated: Saturday 25th May 2024 (Sleekit Scotsman ☮️🏴 articles are updated periodically to add latest information on the subject of the article for relevance)
25/5: Updated with calls for Germany to dishonour the Rome Statute: Section: Calls to attack the ICC and for others to BREAK International Law
22/5: Updated with clarification for “outraged at the ICC” to clarify WHAT the ICC is trialing exactly and why it’s reasonable: Added section FOREWORD: It’s HUMAN RIGHTS STUPID (not “EQUIVALENCE”).
CONTENTS
FOREWORD: It’s HUMAN RIGHTS, STUPID (not EQUIVALENCE)
With the pro-Israeli internet exploding with outrage over the inappropriateness of the ICC giving Israel “the moral EQUIVALENCE” of Hamas by charging leaders of both groups it’s worth pointing out: IT’S NOT ABOUT THAT, STUPID.
It is NOT about COMPARING Israel and Hamas, nor their crimes
It is NOT about challenging Israel’s right to defend or Hamas’s right to resist (whatever your views)
It IS about the violation of HUMAN RIGHTS which are bestowed on the individual - a la Nova Festival attendees / Palestinian civilians
It IS about criminal prosecution of individuals that have violated those human rights however it was done
The ICC could have requested arrest warrants at different times to underscore the point but for expediency (and placation) at the same time.
So pro-Israeli’s can STOP bleating about high horse comparisons with a terrorist group, their right to defend just as Palestinians/Hamas supporters, with respect, can stop bleating about the right to resist and culpability.
In both cases it is about clear human rights violations mutually exclusive from the other side.
This needs to be made clear to the idiots calling for the heads of the ICC and noting a complete collapse of morals etc.
Not that ANYONE - including Biden - should be challenging the processes of an independent international criminal court, whether they are signatories or not. If warrants are issued, under this international law - the individuals will no longer be coming to 124 countries including Australia.
The International Criminal Court was formed by order of the United Nations in 2002 after signing of the Rome Statute. Prosecuting human rights crimes - and with this long establishment mandated by UN - you should be concerned at the LITERAL threats on their staff. Netanyahu on US TV (why is he given airtime? he’s a foreigner) this morning:
What the heck?
Are we going to see a flux of countries giving up the Rome Statute because it’s inconvenient for Israel? Either in giving up Netanyahu for the original crime or under Article 70 for threatening the Court!
The way the US creates legislation for Israel, I wouldn’t be surprised…
Please correct anyone with points 1 - 4 above when you can!
INTRODUCTION
I was coming out a concert at Sydney Opera House last night when news popped up on my phone and shouted down the steps to a companion - lots of heads turning in the busy foyer - a mixed crowd.
The ICC prosecutor Karim Khan finally announces intention to issue arrest warrants for Israel, Hamas leaders: icc-cpi.int/news/statement-icc-prosecut…
Video below. Worth watching, including the grim exam invigilators I recall from school or perhaps an aging Kraftwerk behind Karim. I shouldn’t make light - this is big.
I recall Netanyahu’s statement around 3 weeks beforehand when wind of the ICC forthcoming warrants came out - “you have to hear this to believe this” … then within 20 seconds invoking the Holocaust.
Appalling rhetoric from Netanyahu some weeks ago but not unexpected.
What IS unexpected is the global west REFUSING TO ACCEPT THE RULING OF AN INTERNATIONAL HUMAN RIGHTS COURT because they don’t like it…
This is pretty disturbing.
More on Karim’s statement below.
Why the pre-warrant announcement?
To head off pressure on the ICC judges - reminding under Article 70 the 124 members can sanction idiots like the Republican Senators threatening ICC judges with counter-sanctions for doing their fucking jobs.
The ICC is the world’s Trade Union in the face of the P5. I say this as good thing - as the key non-signatories are the big players that veto key legislation that suits them in the UNSC. It’s really the P3 of the P5:
US
China
Russia
France and UK P5 members are signatories and more abstainers following the key players, though France tends to more forward thinking.
What this means is - should there be arrest warrants - France and UK are bound to arrest anyone entering their territory (along with 122 other countries) that an arrest warrant is issued for - or to facilitate their arrest to the best of their means.
This is the “trade union against the P3” - the world’s way to seek independent justice for “the elephant in the room” that is the war crimes committed by BOTH sides.
Double standards
Same old story - quick to support Putin’s arrest warrant, but for an ally with global consensus on war crimes - it’s a crime in itself.
What the actual fuck?
Again …. just adds to the litany of double-standard, vested interest and hypocrisy that the world can now see laid bare.
I hope they’ll be hosting teach-ins on these on the student encampments. Hell, they should have social media channels for this.
Not a bad idea… ! Virtual encampments for the truth.
Balanced Judgement
The ICC is seeking to issue warrants not just for Israeli leaders but for Hamas leaders also.
I have always held this view - October 7th slaughter inexcusable and shouted out at pro-Palestinian rally at a speaker saying “any means” of resistance to remind that October 7th was off the table. I only heard this once but important to be clear on that view.
It’s not popular in some arenas but true no matter what you think of Hamas struggle. Someone needs to be held accountable for October 7th operations.
The ICC also hinted at despite seeking warrants for Israeli individuals - it was official state policy - indicating a broader structural issue (see below)
Calls to attack the ICC and for others to BREAK International Law
The reaction to the application for arrest warrants has been absolutely stunning and quite frankly “terrifying” for democracies.
With the global outrage, student protests and the absolute shining spotlight on this - it is all happening completely transparently. With no avenue to impact the decisions of politicians heavily corrupted by Israeli influence either in AIPAC dollars, institutional support or ideology in religious Christian Zionism.
Nothing to do with the real issue here - human rights and peace with justice.
There are actual threats from US politicians to the individual judges from the ICC should they issue arrest warrants. Think about that.
Threats from a “democratic” nation to judges from a respected international court set up by order of the United Nations, that has trialed individuals on human rights breaches for over 20 years to great acclaim.
There is no question of Israel’s right to defend itself, nor is there any comparison with Hamas. It is the way that Israel (and Hamas’s) campaigns were executed and the impact on the human rights of Nova Festival attendees and Palestinian civilians.
What this says is:
Palestinian human rights are worthless - literally, beyond doubt here; this is the proof.
International Law - the most serious humanitarian aspect - is worthless - when it comes to a country who is funding your politicians
Furthermore - the US and Israel of course aren’t signatories to the Rome Statute of the ICC - but that doesn’t matter. The Court has jurisdiction and the other 124 countries are. Israel and others have actually been putting pressure on signatory nations NOT to honour the treaty should arrest warrants be issued whereby they would be bound to assist in arrest either actively or passively should the subject of the warrant land on their territory.
Germany - a close ally of Israel for historical reasons - has quite rightly noted its obligation to the statute. Pro-Israeli commentators flip-flop as it suits - from praise for German support to the most repulsive Holocaust evoking rhetoric - for honouring an international treaty.
It is deeply distressing. But thank god it’s public.
BUT … seeing proposals to cut off and silence social media - TikTok, Al Jazeera and the rushing through of laws in the US to define antisemitism as “criticism of Israel”.
You literally couldn’t make this up - the Handmaid’s Tale in the US.
Israel - A Structural Issue
After the ICC Prosecutor announcement he would be seeking arrest warrants - the entire Knesset - whilst Netanyahu’s own Government threatening to fracture over disjointed Gaza policy - promptly issued a motion supporting him.
Israelis under the state policy broadly support Netanyahu also and the extreme use of force in Gaza.
This illustrates the overall point. You’ve just got two individuals here - the whole state racist and apartheid structure is systematically an enabler to Israel’s response.
They’ll do it again.
See more on these specific apartheid laws Israel has - called out by independent reports - in the RELATED ARTICLES section.
Follow ups MUST be:
For Israel: GLOBAL sanctions, embargos and proper action on the Israeli State to remove apartheid laws - as was done for South Africa (see more on sanctions in RELATED ARTICLES).
For Enablers: LOCAL legislation - outing the enabling pro-Israeli lobbies in each country. Properly registering, proper transparency and reduced access to politicians and other public forums consistent with other nations (more on RELATED ARTICLES for local pro-Israeli lobby in Australia - which has a quite unbelievable history all on public record but not challenged properly to date).
Conclusion: From the River to The Sea
Israel changing its apartheid laws will ensure freedom and equality for all religions, races in the Holy Lands from the river to the sea.
There is nothing wrong with that phrase - unlike what the pro-Israeli lobby would have you believe actually influencing rushed legislation and outrage in AUKUS countries, a telling sign.
Note “Israel needs to change for equality” - no mention of the destruction BS of the state that the pro-Israeli lobby would have you believe.
It’s change whether one or two state final outcome as was the case in Northern Ireland. NI happens to be two-state for now though the Republicans have a differing long terms view - peace, equality and democracy are more important in that country as they should be in Israel.
This is a pivotal moment all from one press conference.
APPENDIX A: Countries signatory to the ICC Rome Statute
In addition to the two P5 member above the ICC website lists signatories here with map below:
APPENDIX B: The Rome Statute
Note the Court being a Criminal Court can try individuals for international crimes.
There are a number of Core ICC Texts outlining the governance and operation of the Court.
The actual legislation the court tries is outlined in the Rome Statute 1998 which refers to various branches of international law.
See article below for more detail on how the Rome Statute fits into the framework of international law:
International Law and the Rome Statute:
RELATED ARTICLES
Summary of Sleekit Scotsman ☮️🏴 Substack Related Articles referenced in this article and others:
International Law and the Rome Statute:
Israel: Summary of Apartheid Laws and broader view on breaches of international law (consistent with ICC application and comment that it’s a STATE structural issue):
International Organisations Glossary - where the ICC fits in:
Sanction: Suggested sanctions on Israel - the international community KNOWS what to do - it’s just will to act:
The Pro-Israeli lobby in Australia - lobbying The Australian Parliament into compliance or harassing into silence when it suits. A dispropotionate influence in politics and media relative to a tiny population - essentially an Israeli stranglehold and infamously one of the most powerful entrenched long-term lobbies in the world.
Top to bottom review below updated periodically:
