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Comment by ben_w

14 hours ago

> That's a very good way to force the Hague Invasion Act to manifest in some form or another.

You may note from the title that this is the "American Service-Members' Protection Act".

The current attempt to destroy the ICC is not due to protection of American service members, but Israeli ones.

The admin is going after the court on the basis of it prosecuting American allies. However, America loses NATO if they were to invade over this.

The admin (and perhaps many in the country) might like to think they can go alone, but the US has a surprisingly poor record when it comes to fighting without allies.

While I'm sure Trump did his usual thing with regards to the death of Harry Dunn, "war crimes" is on a somewhat different scale to "dangerous driving".

It's colloquially known as the Hague invasion act as it's ultimate mandate is to invade the seat of the ICC. Literally the first line of the the wiki article.

//The admin is going after the court on the basis of it prosecuting American allies. However, America loses NATO if they were to invade over this.

Do you believe that's not part of the design at this point?

NATO's founding multilateral principles and the USA have been leading parallel lives for quite some time. Trump already started a war in Iran without mandatory consultation, described them as a 'paper tiger' repeatedly. As the Wpost reported on 3rd April '22, Bolton claimed that Trump came very close to leaving NATO in 2018, and Russian President Vladimir Putin “was waiting for that.” [1]

In addition, the executive branch will take no notice of any 'binding' mandates or statutory notice periods, as already demonstrated in the 2020 withdrawal from the Open Skies Treaty.

Indeed, Congress literally had to enact 22 U.S.C. § 1928f (the Kaine-Rubio provision) in 2023 which expressly prohibits the president from exiting the North Atlantic Treaty without prior congressional authorization. But since any subsequent enforcement is dependent on legal resolution by the Supreme Court, it's not worth the paper it's printed on.

//but the US has a surprisingly poor record when it comes to fighting without allies

Agreed, but a great record at privatising their lands, mineral rights, and energy sources on the behalf of the GOP and aligned industry. You don't need to win a war if you can profit immensely off it and/or disenfranchise your domestic opponents.

// While I'm sure Trump did his usual thing with regards to the death of Harry Dunn, "war crimes" is on a somewhat different scale to "dangerous driving".

A false equivalence. Trump intervened in a case where the ultimate charge was life imprisonment of a CIA Agent based on their inability to drive on the right side of the road or stay off their phone.

The point was that if he'll personally intervene in such a contextually miniscule matter for an intelligence asset, then he can be assumed to intervene with significant force in the case of the ICC taking custody of an 'ally'.

[1] https://www.washingtonpost.com/politics/2022/03/04/bolton-sa...