Comment by 47282847
2 months ago
The fundamental difference is that ICC invites partners to agree with their legal assessment. It is each country’s sovereign decision to enforce it or not. The US applies force and boldly assumes they not only have the power but the right to do so, outside of their national jurisdiction. That is US exceptionalism at its best.
If you act like a bully, you will not make friends. It’s as simple as that.
> The fundamental difference is that ICC invites partners to agree with their legal assessment. It is each country’s sovereign decision to enforce it or not.
This isn't really accurate from a strict reading of the Rome Statute, there are treaty obligations for party states under the Rome Statute to enforce arrest warrants issued by the ICC, in practice countries obviously can choose not to comply but doing so is arguably a violation of the Rome Statute treaty as written. The EU considers a failure to enforce an arrest warrant to be a violation of obligations under the statute.[0]
> The US applies force and boldly assumes they not only have the power but the right to do so, outside of their national jurisdiction. That is US exceptionalism at its best.
Since the US considers the ICC a serious threat to sovereignty I think it's rather unsurprising that the US would attempt to apply sanctions quite broadly to those judges or individuals at the ICC that take positions which conflict with the US positions on ICC jurisdiction.
> If you act like a bully, you will not make friends. It’s as simple as that.
IMO this is a rather simplistic view of foreign policy/relations, the goal of foreign policy is generally to advance the interests of a country, this can be done by making friends in some cases but that approach isn't always going to be effective. Making friends is not really the end goal of foreign policy.
[0] https://www.eeas.europa.eu/eeas/mongolia-statement-spokesper...
> This isn't really accurate from a strict reading of the Rome Statute, there are treaty obligations for party states
Which are members voluntarily, and are enforcing whatever law they want on their own, national territory; not outside of it.
> Since the US considers the ICC a serious threat to sovereignty
Again: Fact is, the ICC is writing policy recommendations. Member states decided to adopt/agree with them, and enforce them on their own territory. It is a US invention to claim this a threat to the US national sovereignty. Nobody is arguing to enforce ICC rulings on United States territory.
> Making friends is not really the end goal of foreign policy.
You can claim that it isn't, OK. But I don't get how you can write it as if that was a hard fact. You make it sound as if that was a universal definition, which it isn't. Nobody, and no country (as in "the sum of its citizens"), likes it when others enter their boundaries and act like they have permission to make or enforce rules there without a contract/agreement. It's fine if you don't like the friend/enemy wording. It still is a hostile act.
> Which are members voluntarily, and are enforcing whatever law they want on their own, national territory; not outside of it.
A big reason for the ICC being created was to have an organization that could enforce certain laws that national courts would have trouble enforcing on their own. Obviously states can choose to violate the treaty but it certainly was the intent that ICC arrest are enforceable.
> Again: Fact is, the ICC is writing policy recommendations. Member states decided to adopt/agree with them, and enforce them on their own territory. It is a US invention to claim this a threat to the US national sovereignty. Nobody is arguing to enforce ICC rulings on United States territory.
The ICC is a court, it's not just writing policy recommendations. The ICC has made it clear they intend to pursue Americans and US allies and restrict their movement at a minimum by preventing them from entering countries that are signatories to the Rome Statute. Just because they aren't trying to abduct Americans on US soil doesn't mean they don't intend to go after Americans or American allies that are non-parties.
By your logic the US sanctions are also just policy recommendations, companies simply decide to adopt them and enforce them at the recommendation of the US.
> You can claim that it isn't, OK. But I don't get how you can write it as if that was a hard fact. You make it sound as if that was a universal definition, which it isn't. Nobody, and no country (as in "the sum of its citizens"), likes it when others enter their boundaries and act like they have permission to make or enforce rules there without a contract/agreement. It's fine if you don't like the friend/enemy wording.
The US clearly views the ICC as an external entity attempting to enforce rules without a contract or agreement.
> It still is a hostile act.
Sanctions and ICC arrest warrants/investigations can both be considered hostile acts.
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