Author: Richard Falk
Organization/Publisher: Commentary On Global Issues
Date/Place: June 26, 2020/USA
Type of Literature: Article
Word Count: 1966
Link: https://richardfalk.wordpress.com/2020/06/26/rogue-states-sanction-the-international-criminal-court/
Keywords: Israel, US, International Criminal Court and rogue state.
Brief:
International law expert Richard Falk identifies that the US’ threatening sanctions against the International Criminal Court (ICC), including its employees and family members of employees, undermines the international rule of law as the ICC is doing its appointed job—investigating “allegations of war crimes committed in Afghanistan by military personnel and intelligence experts of the U.S. armed forces.” The other nation calling for sanctions is Israel, which the author identifies as likely having committed and is continuing to commit war crimes as well as crimes against humanity in the Occupied Palestinian Territories (OPT) of the West Bank, East Jerusalem and Gaza Strip. The Israeli crimes in this regard are many, for instance “the unlawful transfer of Israeli civilians to establish settlements in the OPT,” and administrative practices that are violations of the criminal prohibition on apartheid. Despite such detailed and credible allegations against Israel, Netanyahu advocates for the ICC to be subject to sanctions for its “full frontal attack” on the Israeli democracy and on the Jewish State. The author dismantles Netanyahu’s claim that Israel not only has the right to defend itself as it wishes, but also Israel should not be obstructed to any obligations to respect international criminal law. The author argues that both Israel and the United States are rogue states for refusing to accept the authority of the International Criminal Court. Falk reaffirms that Israel’s and the United States’ position are a total denial of international legal accountability. In the end, the author emphasizes that geopolitical actors can get away with murder, but their rogue behavior becomes a standard for all states and thus weakens the norms of international law.
By: Fadi Zatari, CIGA Senior Research Associate
