POWERLESS: Biden can’t save Netanyahu from arrest. Here’s why.
Joe Biden’ cannot stop an arrest warrant being issued for Netanyahu, but his actions afterwards could be unthinkable...
Right, so Joe Biden is desperately it seems trying to save Benjamin Netanyahu’s backside from an arrest warrant that could be issued by the International Criminal Court, but in truth he hasn’t got a leg to stand on and the most powerful politician on the planet, is utterly powerless in forcing the ICC’s hands. You see as much as the US is subject to the jurisdiction of the International Court of Justice at the Hague, the ICJ, the same isn’t the case for the ICC. With the US not being an ICC member state, Genocide Joe can whine and bleat for Israel’s sake all he likes, but as far as the Chief Prosecutor goes, it doesn’t amount to a hill of beans. So will Biden’s efforts fail? Well by rights they should, however if they don’t, then something will have happened behind the scenes which the ICC had better have inordinately good answers for – that or the US for Israel’s sake might be prepared to do something a whole lot worse.
Right, so Joe Biden, desperately unhappy that arrest warrants for Benjamin Netanyahu, his defence minister the eternally scowling Yoav Gallant, and the Chief of Staff of the Israeli defence Force Herzi Halevi could be coming potentially at any time as I’m writing this, but reputedly at some point this week, from the ICC, the International Criminal Court and actually it isn’t just Biden because the Republican party are saying exactly the same, but they’re basically threatening repercussions if the ICC go ahead with this.
Now last March when ICC Chief Prosecutor Karim Khan issued an arrest warrant for Vladimir Putin in relation to crimes committed against Ukraine, Biden was all over this, fully in support of it, fully welcoming the war crimes charges levied against him, based on territorial dispute – I’ll come back this point in a minute - but when the same likely charges are going to get levied against Israel? Well justice be damned, they are US allies and we’re not having this. Since when did Biden decide that acting like the mafia and issuing threats to the ICC was an election winning vote puller and besides, they have no say in the matter, no matter how much the whining going on and the behind the scenes conversations lets call them might be happening, the US has no jurisdiction here, they aren’t member states signed up to the Rome Statute, the requirement to be a member state of the ICC.
Now, territorial dispute being the reason Putin got an arrest warrant levied against him, which Biden of course readily agreed with. Russia, just like the US, is not a member state of the ICC, so in what way could they prosecute Putin then? Well a territorial jurisdiction in law is defined as the authority of a court to hear and decide cases within a specific geographic area. It establishes the boundaries within which a court can exercise its power and enforce its judgments, but within the remit of the ICC, with it’s 124 member states around the world, jurisdiction can be established by referral of a case to the ICC by any member state and in the case of Putin, the initial referral came from Lithuania, which is a member state and 38 other states joined them in doing so subsequently.
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