Eugene Kontorovich: The International Criminal Court’s Folly
Supporters of the ICC should be embarrassed that its decision was cheered by Hamas and Hezbollah. Those groups understand that the court’s indictments of Israeli officials will make it more difficult for Israel to defend itself. Yet the ICC cannot deter dictators and warlords, because they can fall into its hands only if they lose power. If they remain in power despite their atrocities, a minor crimp in their travel plans is more than offset by the power and wealth they will enjoy. The three Hamas leaders indicted by the tribunal have already been killed by Israel; they might have preferred a cell in The Hague.Melanie Phillips: Dismantle the United Nations
Leaders of democracies must make different calculations; they rotate out of power, and their private benefits in office are relatively minimal. ICC warrants against them, even if entirely unjustified, could deter them from vigorously and lawfully prosecuting defensive wars, for which their civilian populations would pay the price. Thus, the prosecutions of Israeli officials will actually make war crimes more likely, by tipping the scales against liberal democracies.
All of this poses a threat to the U.S.—as a non–member state that engages in a high level of global armed conflict—as well as to its leaders and soldiers. The ICC could recognize the Islamic State in the Levant as a “state” for purposes of its jurisdiction, just as easily as it recognized Palestine, and investigate American officials for alleged crimes during the U.S.-led campaign against the terror group. That campaign, started during Barack Obama’s presidency, included battles in Mosul, where an effort to evict approximately 5,000 ISIS fighters in the city led to perhaps 10,000 civilian deaths and the destruction of the city. The ICC did not have jurisdiction, because Iraq had not joined the treaty—but the Palestine precedent shows that this is not an insurmountable problem.
Gershom Gorenberg: Israel’s disaster foretold
The ICC’s disregard for law also threatens American troops on counterterror missions in countries that have joined the ICC. Washington has long relied on treaties signed with such countries as a safeguard against Hague jurisdiction, but the tribunal’s boundless view of its powers gives no assurance that those treaties will be honored.
This is not far-fetched: The ICC is already investigating alleged U.S. crimes in Afghanistan. Indeed, the ICC prosecutor recently suggested that sitting U.S. senators may have committed crimes against the court’s charter by speaking out in support of bipartisan legislation that would impose sanctions on the body.
Not all efforts to solve the world’s problems work—some backfire. The high aspirations with which the tribunal was founded should not shield it from the consequences of its decision to pursue other agendas.
The United Nations was created after World War II to bring the world together to promote peace and justice. Yet most countries aren’t democracies and don’t uphold human rights. It’s hardly a surprise, therefore, that the world body does not uphold peace and justice but promotes the precise opposite.Jews Are Being Told to Hide in Berlin. Again.
Its institutionalized malice against Israel has spread evil far more widely than in the Middle East.
The lies and distortions about Israel regurgitated by the United Nations and its satellite institutions and NGOs, along with the courts dispensing international “human rights” law, are treated as unchallengeable truths by the West because this whole “humanitarian” infrastructure is treated as a veritable religion of peace and justice.
In fact, it’s an unstoppable geyser of moral and intellectual corruption. In teaching the West that lies about Israel are truths and truths are lies, it has turned what the West tells itself is morality and conscience into an agenda of evil.
This has ensured that the West can no longer distinguish more generally between victim and oppressor, reality and propaganda, right and wrong.
The United Nations should be dismantled. It’s the pivot of the apparatus that has twisted the Western mind. Treating it and international law as the moral arbiters of the global order is not just a sick joke. It has made the world sick, too.
In view of its Nazi past, Germany does not intrude; it is religious freedom über alles. (Still, when talk segues into incitement, the government does intervene. Last summer, it closed down Hamburg’s Islamic Center, also known as the “Blue Mosque.” The charge: aiding and abetting terrorism. Throughout the country, several affiliates have been declared verboten because of ties to Hamas or Hezbollah.)
Add into this mix Islamic studies centers in universities generously supported by regimes in the Middle East. These are not generally dispassionate scholarly institutions, but outfits teaching “postcolonialism” and the sins of the West—Israel above all.
Perhaps this sounds familiar to American (or British or Dutch or French) ears. The vast majority of people on both sides of the Atlantic want tighter controls on immigration and the speedy deportation of malfeasants. Due process and asylum laws, among the West’s noblest attainments, render such wishes brittle, legitimate as they may be. Though dented by Donald Trump’s trifecta (winning the White House and both House chambers), the faith of those who dominate elite culture—postcolonialism, cultural relativism, and wokeism—will not quickly fade.
Back to the Fatherland, formerly the engine of deadly Jew-hatred. Polls measure less than 20 percent of the general population holding antisemitic views. This is decidedly less than in Poland (48 percent) and Hungary (42 percent).
Given Germany’s murderous past, the country relentlessly makes amends. Last year, just days after October 7, the federal government doubled its subsidy for the Central Council of Jews to 22 million euros, a bit more in dollars. It is heartening that Germany keeps funding lots of Jewish museums and staging a plethora of commemorative rituals, like “Never Again” pledges on the anniversary of Kristallnacht, the first nationwide Nazi pogrom in 1938. Berlin sells U-boats at a steep discount to Israel, submarines that are one leg of the country’s nuclear triad. (The other two are American state-of-the-art strike planes and homemade long-range missiles.)
That’s the good news. The bad news? Surging antisemitism imported from the Middle East and North Africa. Plus demography: The Jewish community is literally dying. If the current rates of decline persist, Germany will be judenrein at the end of the century.
Hiding religious symbols, as Berlin’s police chief advised, is just a well-meaning Band-Aid, unless the powers that be get serious about arresting, prosecuting, and deporting malfeasants, and taking a hard look at what is being taught in mosques and Islamic centers—including those at publicly funded universities—and closing them down, like Hamburg’s Blue Mosque and its affiliates throughout the country.
In the U.S., the rethink started before Trump II. But look at the Netherlands after the Amsterdam soccer pogrom. The government reacted in horror—it must not happen here! And yet Amsterdam will honor the International Criminal Court’s arrest warrant against Israel’s prime minister Benjamin Netanyahu, who is charged with crimes against humanity. So will London and Canada.
Is this unconscious antisemitism? Let’s put it this way: Given the global and singular condemnation of the Jewish state in the name of “anti-Zionism” after October 7, it is hard to ignore what may be the real thrust. After the Shoah, unalloyed antisemitism has been strictly verboten in the West. But sublimation, repression, and projection do come back, Dr. Sigmund Freud has taught. And Israel sure makes for a handy substitute for the Jew. But this time, the Israel Defense Forces pack more punch than the armies of Germany, France, or Britain.