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ICC judge on what U.S. sanctions mean for her and global courts

229 points · 173 comments · rbanffy

  1. msdz · · focus · HN ↗
    Regardless of what one personally thinks about the ICC, this isn’t a good look for neither the US nor Europe.

    For the U.S., because sanctioning an “unpleasant”, but in essence harmless individual (geopolitically speaking) is ridiculous. Falling victim to de-banking alone can really ruin one’s life.

    And for the EU, because it once again showcases the dependence on U.S. systems for just about anything tech-related in everyday life and work.

    1. nostrademons · · focus · HN ↗
      It undermines the idea of the U.S. as a neutral arbiter for law, order, and free commerce. That may always have been a fiction, but it's a very useful fiction because it underpins U.S. soft power. It's much easier to get consent for being the world hegemon when you act like a benevolent, disinterested hegemon. Once you start becoming a participant - and overriding other institutions that are ostensibly providing neutral, impartial justice just because their decisions are inconvenient for you - you are essentially placing yourself below them and undermining your own legitimacy.

      Neutrality and objectivity may be a fiction, but it's one of the most useful fictions that have been invented in the last 500 years.

      1. tmp10423288442 · · focus · HN ↗
        In this case, the US and Israel were never parties to the ICC, so the ICC was never neutral with respect to them. If they had submitted to the ICC, I think your point would be valid.
        1. nostrademons · · focus · HN ↗
          I'm making a subtly different point. Pre-2002, the U.S. filled the role that the ICC does now. We would work multilaterally with a lot of different countries - many of whom are signatories of the Rome Statute now - to send UN peacekeeping forces to conflict areas and bring the perpetrators of genocide and crimes against humanity to justice. Post-2002 (and there was a lot going around in 2002-2004 to tarnish the U.S's international reputation besides the ICC), we became one of several parties that didn't sign the ICC. And now we seem to be actively retaliating against ICC judges, and not even for their decisions - this case is because the judge held that a decision could be made.

          A lot of Americans believe that power is winning. There's a fight, and the side that wins is the more powerful one. But true power comes from not having anyone question your decisions, such that there is never a fight in the first place. And that's the dynamic I'm commenting on. Eisenhower was a powerful president even though he started no new wars (indeed, he ended the Korean war). With 70%+ approval ratings domestically and unquestioned economic supremacy abroad, he didn't need to.

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