ISSN 2330-717X

America’s Hypocritical Opposition To ICC War Crimes Probe – OpEd

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By Osam Al-Sharif*

US officials were quick to oppose the decision made last week by International Criminal Court (ICC) prosecutor Fatou Bensouda to open an investigation into alleged war crimes committed in the Palestinian territories since 2014. Secretary of State Antony Blinken said the US “firmly opposes and is deeply disappointed” by the court’s probe, adding that America “remains deeply committed to ensuring justice and accountability for international atrocity crimes,” while it recognizes “the role that international tribunals such as the ICC can play.”

A day after Bensouda’s announcement, Vice President Kamala Harris called Israeli Prime Minister Benjamin Netanyahu to reaffirm America’s opposition to the ICC probe. Netanyahu condemned the planned investigation as “pure anti-Semitism.”

The proposed ICC investigation puts the Biden administration in a difficult position. On the one hand, President Joe Biden has always supported the international tribunal and its role in defending human rights. Immediately after his election, there were calls for him to rescind his predecessor’s executive order sanctioning ICC officials for the decision last year to accept a Palestinian appeal to look into potential war crimes committed by Israel in the 2014 war on Gaza and during the Great March of Return protests of 2018-19. The investigation will also cover Israel’s building of illegal settlements in the West Bank and East Jerusalem.

Last month, more than 70 nongovernmental organizations, faith-based groups and academic institutions called for the Biden administration to repeal the sanctions on ICC officials. In an open letter to the White House, the signatories said that the US government’s support for the ICC could help secure justice for victims in situations from Myanmar to Darfur, just as it helped facilitate the historic Feb. 4 conviction of Dominic Ongwen, the former leader of an armed rebel group for war crimes and crimes against humanity in northern Uganda.

The Biden administration had praised the ICC for convicting Ongwen, a commander of the Lord’s Resistance Army (LRA), for war crimes committed in Uganda in the early 2000s. Its rejection of a probe into war crimes committed in the Occupied Territories is based on a shaky argument that the ICC has no jurisdiction there and that Palestine is not a state. The investigation could end up indicting top Israeli officials and senior military officers.

Biden’s failure to lift the sanctions on ICC officials has raised questions about his claim last month that his administration supports multilateralism, shared democratic values, human rights, and the rule of law. It would be difficult for him to reconcile his defense of these values with maintaining these sanctions. What is also contradictory is the fact that the US opposition to a probe in Palestine does not offer an alternative route for the Palestinians to seek justice.

In 2009, a UN Human Rights Council (UNHRC) team headed by Richard Goldstone investigated the 2008-09 Israeli war on Gaza and issued a report that accused both the Israel Defense Forces and Palestinian militants of war crimes and possible crimes against humanity. Israel refused to cooperate with the investigation, citing anti-Israel bias in the UNHRC. More than 1,400 Palestinians were killed in that confrontation, at least half of whom were civilians, along with 13 Israelis, three of whom were civilians.

After the report was buried, ironically at Palestinian President Mahmoud Abbas’ request, Israel continued to violate international law and UN resolutions in the Occupied Territories. Any move to hold it accountable is immediately rebuffed and labeled as anti-Semitic. And, when a US Department of State spokesperson was asked by a reporter this week where the Palestinians should go to find justice if not the ICC, he could not give an answer.

Backing the two-state solution and a negotiated settlement is not enough to bring justice to the Palestinians. Even as Israel puts pressure on friendly governments to sanction the ICC, it continues to build and expand illegal settlements in East Jerusalem and the West Bank, demolish Palestinian homes and expropriate Palestinian lands, making the two-state solution virtually impossible to implement.

While analysts believe that the Middle East peace process will not be a priority for the Biden administration, the ICC probe and the controversy surrounding it will drag the White House into taking a position that can only be described as a double standard. Biden’s defense of universal human rights, democracy and the rule of law will always be challenged by an arrogant Israeli government that treats Palestinians as subhuman. It will continue to act with impunity so long as the West looks the other way when it comes to Israeli actions in the Occupied Territories.

The fact of the matter is that, while the ICC investigation will take years to conclude, the US must stop giving Israel special status by preventing any international probe into its actions. What is more concerning is that Israeli violations continue even as it challenges the ICC’s intent. To give credence to any peace process, the West must stop its hypocrisy and double standards and hold Israel accountable.

  • Osama Al-Sharif is a journalist and political commentator based in Amman. Twitter: @plato010

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Arab News

Arab News is Saudi Arabia's first English-language newspaper. It was founded in 1975 by Hisham and Mohammed Ali Hafiz. Today, it is one of 29 publications produced by Saudi Research & Publishing Company (SRPC), a subsidiary of Saudi Research & Marketing Group (SRMG).

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