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Comment by beloch

5 hours ago

"Without commenting on ongoing cases, he called on European authorities to activate a mechanism that could limit the impact of US restrictions."

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ICC member states should take steps to ensure the sanctioned judges and prosecutors do not suffer as a result of U.S. sanctions. The goal should be to ensure that they feel no repercussions that might bias them one way or the other in future cases and thus maintain impartiality. If this is not done, it could create an apparent feedback loop, if only in the public's imagination. i.e. After some future ICC ruling goes against them (or Israel/Russia), the U.S. may claim that ICC judges and prosecutors are prejudiced against them and are seeking revenge. Protecting ICC personnel now could blunt such claims. Sadly, I fear that the U.S. may have need of defence from ICC rulings relatively soon.

The US is not a signatory of the Rome statute. The ICC has no jurisdiction over the US, and any scenario where it claims it does would be an abuse of power.

> Sadly, I fear that the U.S. may have need of such a defence relatively soon.

When it really comes down to it, usa is a super power. Might makes right in international politics. The ICC has had quite a lot of successes when it comes to small and even medium sized countries, but at some point pragmatism has to win out. Nobody is going to war with the USA on behalf of the ICC. I highly doubt the ICC is going to push any issue with america unless the evidence against them is extreme. Its simply not powerful enough.

  • Europe isn't a superpower but it's a giant entity with 450 million people and 15% of the world's gdp. It has the means to oppose the US and retaliate against its sanctions, if it doesn't it's because of the cowardice of its politicians and the weakness of its institutions.

    • More importantly, the bilateral relationship between the US and Europe represents 30% of global trade, and 40% of the global GDP. Both economies complement each other naturally (at least right now), and neither partners don't want it to end, so even with the relationship becoming more fragile as the US tries to close itself off from the world, I think both will still try to remain collaborative with each other, regardless of this posturing that is going on.

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  • >Might makes right in international politics.

    But the whole point of Nuremberg was to prevent this, the whole idea of international law was meant to prevent this. The judges of Nuremberg warned us about this outcome.

    In a world where human rights are not respected, why would we think that the Jewish people are anything but disadvantaged? Have we forgotten the important parts of history, in our urgency to prevent it repeating?

    If might makes right, you've already accepted that the world belongs to China.

    • I kind of feel like if one of the superpowers always been against international law although trying to enforce it on others, and not really wanting to participate in ICC in any shape of form, already made the whole idea dead in the water.

      Lots of people realize the importance of this, but if the country who plays world police doesn't want to collaborate on making it reality and they literally still perform violent actions against other sovereign states without repercussions, what is the purpose?

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    • The sovereign legal authority of any government derives from its monopoly on violence. If, at the end of the day, men with guns will not come to your home and force your compliance, then the "law" is nothing but paper.

      The ICC could never be anything but what it is -- powerless against those with bigger guns. This is the fundamental nature of law and power. Barring the subjugation of all states to a supranational sovereign capable of universal enforcement, there is, ultimately, no such thing as international law.

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    • > But the whole point of Nuremberg was to prevent this, the whole idea of international law was meant to prevent this.

      That seems a little silly on the face of it when you realize most people complicit during the war in what we would now call war crimes weren't even charged to begin with. Many on the losing side found lucrative jobs with the side that won, and the side that won wasn't even considered for charges.

      > In a world where human rights are not respected, why would we think that the Jewish people are anything but disadvantaged?

      That also seems a little farcical any way you twist it

      > If might makes right, you've already accepted that the world belongs to China.

      Actually, I think we're moving towards a world that is more earnestly determined by market forces. Or, these were always the same concepts; we just can't force the world to take our "deals" anymore.

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  • Where ICC could win against someone in the US is if the opposition comes to power in the US and does nothing to protect that person. "Oh gosh, bounty hunters grabbed them and smuggled them out of the country? What a shame."

  • Im sorry the latter part of the 20th century was all about trying to avoid the whole might makes right mindset and in international politics it still should be. Wasn’t the whole justification for the west supporting Ukraine that might shouldn’t make right? The fact that people have just swallowed the might make right narrative just shows what kind of a dire situation we are in when it comes to international politics and how far standards have fallen since 2001.

  • >When it really comes down to it, usa is a super power.

    It was a superpower, until Trump got back in office. He's been taking an axe to US soft power, and our institutions in general. We're on the edge of losing Global reserve currency status. That's what's driving the re-monetization of Silver and Gold.

  • One of the things that made America a superpower is "soft power". Continuing to piss off their allies will eventually blow back if the US ever needs something from the UN.

    Or worse they may need that French aircraft carrier if war breaks out with China.

  • Yes but the thing about power is the more you use it the more the other party learns to live without it. US has such a giant leverage over Europe because Europe believed US would never actually use its power against it. Imagine US sanctioning Chinese officials - they would shrug at best because China has its own everything because they always knew US would bully them.

    The consequence is that Europe will slowly move its financial and IT systems away from US solutions. It's a very, very slow process because it was believed for almost a century that US wouldn't actually bully Europe. But for example, there will be more pressure to roll out Wero and have the systems completely European. Before Trump, there was decent chance the whole thing would be just Visa/MasterCard with extra steps. Now it's clear that EU needs its own independent payment system.

The only way we would ever answer to the ICC is if anyone could force us, by military threat. That's the only way people are put in front of that court.