On the one hand the US championed the creation of the
International Criminal Court (ICC) which was finally activated in 2002 but Washington
never had any intention of joining it or being accountable to it. This would
violate the American claim to Exceptionalism and the reality that it places
itself above the other nations of the world.
And so in this capacity the ICC could function as a tool, yet
another instrument in the Atlanticist arsenal – used to bolster the largely
phoney but often convenient narrative of democratisation and liberalism.
In reality the court has functioned as a means of giving
cover to the West's imperialist agenda – by labeling its enemies as war
criminals. Many undoubtedly are and yet the court's failure to prosecute war
crimes committed by the West or other global powers reveals that the court is
in the end something of a joke. Thus far it's only real successes have been in
the realm of prosecuting fallen African leaders and a handful of figures
associated with the Balkan Wars.
Recently the court experienced a boost of courage and began
to investigate American conduct in Afghanistan – provoking outrage and
hostility from Washington.
Earlier this year Secretary of State Mike Pompeo threatened
the court and even extended his threats to member's families – a move that
would be met with outrage were such statements made by agents of Beijing or
Moscow.
Of course the American Right which remains hostile and
fearful of both the UN and the ICC will cheer these contrarian moves, even
while American credibility and moral authority is reduced – even shattered.
Attorney General Barr took it a step further and played the
'Russia Card' by (laughably) insisting that Moscow is manipulating the court
and pushing it to pursue an anti-Washington agenda. The idea that the ICC with
its liberal-entrenched and devoted leadership would embrace the likes of Putin
is just absurd and Barr knows it. But it plays to both the ignorance of the
Trump base and the rabid anti-Russian sentiment that continues to drive much of
the American Establishment and certainly the leadership of the DNC.
And the article rightly mentions Israel – a serial
international law violator and regime guilty of war crimes on a massive scale.
However, Israel consistently is protected by Washington both in the UN Security
Council and through backroom machinations – the ICC.
At the end of the day the ICC has no power to enforce or
arrest. It relies on states to do this and hand over the indicted to the court.
Nations have to weigh whether it's worth it – in some cases worth the wrath of
Tel Aviv or the American Empire.
As far as the charges of torture being carried out by the US
at secret sites within Afghanistan – it's old news and easily proven. The US is
guilty. However, the US has made it clear that it will not be held accountable.
The US posture toward the ICC calls into question the American commitment to
liberal values and democracy and for many Washington's harsh opposition to the
ICC presents an opportunity to see what the American Empire is really all about
and what is the true and rather ugly nature of its character.
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