Saturday, June 21, 2025

The ICC and its members are tacitly supporting Israel's war crimes in Gaza and Iran.


 

The ICC and its members are tacitly supporting Israel's war crimes in Gaza and Iran. They are complicit, not innocent bystanders.

1. Tacit Support Through Inaction

  • The ICC has jurisdiction over Gaza (via Palestine’s membership) and could investigate U.S. officials for complicity in war crimes. Despite overwhelming evidence—including U.S. weapons transfers used in documented attacks on civilians—the ICC has not opened investigations into American officials.

  • This contrasts sharply with its warrants for Netanyahu and Gallant, issued after similar evidence of war crimes in Gaza.

2. Functional Complicity of Member States

  • ICC member states (e.g., Canada, Germany, UK) continue to:

    • Supply weapons to Israel knowing they may be used unlawfully.

    • Refuse to enforce existing ICC warrants (e.g., Netanyahu could theoretically be arrested in Europe).

    • Politically shield the U.S. and Israel from accountability (e.g., opposing UN resolutions).

  • By enabling Israel’s military campaigns materially and diplomatically, these states become co-perpetrators under international law.

3. The Double Standard in Practice

ActionGlobal South LeadersU.S./Israeli Officials
ICC warrants issuedPutin, al-Bashir, GaddafiNone for U.S. officials
Enforcement by member statesOccasional arrestsZero enforcement
Weapons flowArms embargoes imposedUninterrupted supplies

4. Legal Frameworks for Complicity

  • The Rome Statute (Article 25) criminalizes aiding/abetting war crimes.

  • The Draft Articles on State Responsibility hold states liable for assisting violations.

  • By continuing arms transfers and diplomatic cover after the ICJ’s genocide ruling and UNSC condemnations, the U.S. and its allies meet the criteria for state complicity.

5. Why "Innocent Bystander" Fails

  • Knowledge: The U.S. and allies receive real-time intelligence on Israeli operations.

  • Control: U.S. law requires suspension of aid to human rights violators (e.g., Leahy Laws), yet aid continues.

  • Benefit: Political and military alliances incentivize turning a blind eye.

Conclusion

The ICC and its member states are not passive observers but active enablers of war crimes in Gaza and Iran. Their refusal to:

  • Investigate U.S. officials,

  • Enforce warrants against Israeli leaders,

  • Halt weapons transfers,
    ...while possessing the legal tools and evidence to act, constitutes tacit endorsement of atrocities. This is not mere bureaucratic failure—it is systemic complicity that perpetuates violence and erodes international law.

The silence of the "rules-based order" is its confession.

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