Comment by eschaton
18 hours ago
Crimes against humanity are subject to universal jurisdiction. A state need not be a member of the ICC to be subject to its (or any other entity’s) jurisdiction in investigating, prosecuting, and adjudicating such crimes.
The US does not recognize such an argument. If that is the argument being made, then no wonder the US issued sanctions; it would perceive such a precedent as a threat to its sovereignty.
Not quite: The US helped invent that argument, and has used it extensively to pursue its foreign policy goals since World War II.
What the US has argued historically is that American people and institutions are not subject to it because the US has a functioning civilian and military justice system, and so prosecution for such crimes can be handled within it, even by foreign nations and NGOs.
Obviously that’s a load of bullshit, especially (but not only) these days, but “sovereignty for me but not for thee” has long been the rule and with its weakening international position the US may come to find that to be less achievable in the future.
When has the US used the argument that a judicial system has universal jurisdiction? In the US, foreign policy is the domain of the executive, to the point where court cases involving foreign sovereigns are usually dismissed.
Compared to how much of a mess most of the world's powers are on matters on sovereignty, the US is actually one of the more conservative ones here (e.g., see OFCOM in the UK).
2 replies →
Except Netanyahu and Galland are not US citizens. Therefore why is the US so involved in?
Because the US protects Israel pretty much at all costs. For the same reason no one attacks Israel for fear of reprisals from the US.
The US doesn’t believe universal jurisdiction applies to it or its vassal states and proxies, which includes Israel.
On the other hand, the US didn’t try to prevent Slobodan Milošević from being tried at The Hague for war crimes and genocide, as Serbia wasn’t a vassal state or proxy.
They don't want the precedent established. Same reason why uninvolved parties in US courts submit "amicus briefs" - the precedent from a case may affect them down the line.