Comment by chatmasta

3 months ago

The ICC somehow managed to create an institution even more useless than the UN. The very concept of an International Criminal Court, operating in some idealistic moral space above war and diplomacy, is completely divorced from the reality of realpolitik and total war. If everyone agreed to arbitrate world matters in the ICC, why even have militaries?

> The ICC somehow managed to create an institution even more useless than the UN.

Its been very useful at doing the same thing the ad hoc international war crimes tribunals that preceded it did but with greater regularity and without as much spinup/winddown costs for each conflict they address.

> The very concept of an International Criminal Court, operating in some idealistic moral space above war and diplomacy,

That's not its concept or where it operates, though.

> If everyone agreed to arbitrate world matters in the ICC, why even have militaries?

I think you’ve confused the ICC with the ICJ or the UN itself. The ICC does not exist to arbitrate disputes between nations in place of settling them by war.

A leader is difficult to arrest and prosecute while they are in power. But it does have a political cost for them (both being branded as wanted by the ICC, and how complicated international travel becomes, including your host country burning political capital by not arresting you). But of course the real cost comes if you ever fall from power. The ICC means we don't have to invent laws on the spot like we did in the Nuremberg trials for the Nazis, we can use established laws, courts and processes

> If everyone agreed to arbitrate world matters in the ICC, why even have militaries?

That's… kind of the point? To not have to kill and destroy each other to settle disputes.

  • Yeah sounds great. But it’s hopelessly naive. As soon as someone disagrees, if they have more real power than the ICC, then its enforcement becomes ineffective. You can’t solve disagreements by agreeing to disagree.

    • International law is inherently more of a social contract than an actual law. That doesn't make it useless because it does have a real effect on how countries behave, but it does mean that enforcement looks more like getting ostracized than it looks like law enforcement.

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"The ICC somehow managed to create an institution even more useless than the UN."

Yet two of the most powerful thugs: Putin and Netanyahu won't go near an ICC signatory state.