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International Criminal Court: 20 years, billions spent, limited success as US considers sanctions

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International Criminal Court: 20 years, billions spent, limited success as US considers sanctions

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As the U.S. weighs sanctions against the International Criminal Court (ICC) over potential arrest warrants for Israeli officials, some experts have questioned the value of the court, given its track record since its founding.

“[The ICC] has been around for over two decades, [but] it has less than 10 successful prosecutions,” Orde Kittrie, a senior fellow at the Foundation for Defense of Democracies and law professor at Arizona State University’s Sandra Day O’Connor College of Law, told Fox News Digital. “It’s spent over $2 billion. It’s been really ineffective.”

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As of July 2022, 31 cases have appeared before the ICC, which resulted in 10 convictions and four acquittals. The court has issued 37 arrest warrants, with 21 people ultimately detained while 12 people remain at large, according to the European Union’s External Action Service.

The ICC’s total annual budget for 2023 totaled around $183,500,000, which is an increase of around $34,500,000 or around 20% increase from 2022’s budget. 

VISA BANS FOR ICC OFFICIALS URGED BY BIPARTISAN SENATORS AFTER ISRAEL ARREST WARRANT REQUESTS

Member states each bear a portion of the overall budget based on the size of their economies, with the most significant funds coming from large European economies, Japan, South Korea, Australia and Brazil, according to the Journal of Human Rights. 

Japan ranked as the largest contributor in 2022 with around $26,850,000, while Germany and France rank thereafter with around $19,000,000 and $14,400,000, respectively.

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President Biden speaks during a Jewish American Heritage Month reception in the Rose Garden of the White House on May 20, 2024. (Samuel Corum/Sipa/Bloomberg via Getty Images)

Appropriations for the court are divided into nine categories: the Judiciary, Office of the Prosecutor, the Registry, Secretariat of the Assembly of States Parties, Premises, Secretariat of the Trust Fund for Victims, Permanent Premises Project – Host State Loan, Independent Oversight Mechanism and Office of Internal Audit. The court also notes that “assets that the Court holds are normally not held to generate commercial returns and are therefore non-cash generating assets,” meaning it must build its budget from contributions alone. 

Even with that sizable budget, and the significant increase year over year, the court relies heavily on the cooperation of members to enable its operations. Outgoing Registrar Peter Lewis in 2023 said the court faced an unprecedented workload – even before taking on the investigation into alleged crimes in the Gaza Strip – and that state parties’ cooperation remained crucial to any success.

US ALLIES FRANCE, BELGIUM DEFEND ICC PROSECUTOR’S REQUEST FOR ISRAELI ARREST WARRANTS

US sanctions

This makes any sanctions against the organization a potentially crippling measure: Then-President Trump in 2020 authorized an asset freeze and family entry ban against ICC officials after the court opened investigations into alleged U.S. war crimes conducted in Afghanistan. 

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“The ICC Prosecutor … thinks the Biden administration is more interested in a cozy relationship with the ICC than with protecting Israelis and Americans from its power grab,” Anne Bayefsky, director of the Touro Institute on Human Rights and the Holocaust as well as president of Human Rights Voices, told Fox News Digital.

International Criminal Court prosecutor Karim Khan (Dimitar Dilkoff/AFP via Getty Images)

“If President Biden does not immediately invoke the American Service Members Protection Act, terminate all cooperation and support of the ICC, and use his authority to sanction ICC officials for their outrageous prosecution – actually persecution – of the democratic representatives of the Jewish state … justice will have been dealt a disastrous blow,” Bayefsky said.

The Biden administration increased its cooperation with the ICC, offering assistance and intelligence to the court to bolster its investigation into alleged Russian war crimes during the invasion of Ukraine, though Kittrie noted that the ICC case against Putin “hasn’t made a difference” and possibly merely added “some sense” of legitimacy for the ICC prosecutor. 

PROGRESSIVE SENATOR BACKS POTENTIAL ICC ARREST WARRANT FOR NETANYAHU: ‘UNPRECEDENTED WAR’

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Bayefsky and others have urged the Biden administration to invoke the American Servicemembers Protection Act and sanction the ICC in response to any arrest warrants for Israeli officials. 

During a speech in the Rose Garden on Wednesday at a press conference with Kenyan President William Ruto, Biden reiterated that the U.S. “made our position clear on the ICC … we don’t recognize the jurisdiction of the ICC, the way it’s being exercised, and it’s that simple. We don’t think there’s an equivalence between what Israel did and Hamas did.”

This view shows the International Criminal Court building in The Hague in the Netherlands on April 30, 2024. (Selman Aksunger/Anadolu via Getty Images)

The Rome Statute counts 124 signatories, including most of Africa, Europe and South America, but it does not include some notable holdouts: the United States, China, Russia, Ukraine, Israel, Saudi Arabia, Iran, North Korea and Turkey, among others. 

The Biden administration reversed the sanctions but reinforced the position that the U.S. continued to “disagree strongly with the ICC’s actions relating to the Afghanistan and Palestinian situations.” 

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The Center for Constitutional Rights argued that the sanctions delayed critical investigations at the ICC, “directly and indirectly negatively” impacting the work at the ICC, though perhaps not as drastically as the U.S. would have hoped.

ISRAEL SLAMS GERMAN GOVERNMENT’S VOW TO ARREST PRIME MINISTER NETANYAHU OVER ICC WARRANT

Israeli Prime Minister Benjamin Netanyahu, right, and Israeli Defense Minister Yoav Gallant are pictured in the West Bank in August 2023. (Amos Ben-Gershom (GPO)/Handout/Anadolu Agency via Getty Images)

Instead, the group argued that the sanctions created a difficult working relationship for the ICC and any potential collaborators, such as civil society organizations, investigators, lawyers and victims who would worry about facing similar sanctions for helping the ICC.

The ICC, which commenced operations in 2002, bases its authority on the signatories of the Rome Statute, which outlines four core international crimes that the court will prosecute: genocide, crimes against humanity, war crimes, and crimes of aggression, all of which are “not subject to any statute of limitations” but limited to only crimes that occurred after the statute came into force.

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President Clinton signed the statute in 2000, but he demanded that the eventual ICC should address “fundamental concerns” before he or any other U.S. president considered putting the statute before the U.S. Senate for ratification. The Bush administration took it a step further, withdrawing the U.S. signature and instead adopting the American Servicemembers Protection Act.

 

Also known as the “Hague Invasion Act,” the law allows the president to use “all means necessary and appropriate to bring about the release” of U.S. or allied citizens detained or imprisoned by the ICC.

The bill also prevents the U.S. from providing support for the ICC, per Sec. 2004: The U.S. is prohibited from responding to requests for cooperation, of providing support to the court (including from law enforcement), of helping with extradition and using appropriated funds to assist the court, among others.

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Hamas used sexual violence ‘deliberately and systematically’ on Oct 7, commission report finds

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Hamas used sexual violence ‘deliberately and systematically’ on Oct 7, commission report finds

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WARNING: This article includes graphic and disturbing accounts from the October 7 massacre in Israel.

Hamas and its Palestinian collaborators used sexual and gender-based violence “deliberately and systematically” as an inherent part of a wider strategy of the 2023 massacres in southern Israel, according to a report released Tuesday by the Civil Commission on Oct. 7 Crimes Against Women and Children.

The Israeli nonprofit said its investigation documented evidence of abuse at multiple sites during the Oct. 7 terror invasion, including the Nova Music Festival, kibbutzim near the Gaza border, Israel Defense Forces bases, among hostages in captivity and in the condition of recovered bodies showing signs consistent with sexual violence.

According to the report, investigators identified at least 13 recurring forms of abuse, including rape, sexual torture, shootings directed at victims’ genital areas and abuse carried out after death.

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ISRAEL’S QUEST FOR JUSTICE EXPOSES HAMAS’ SYSTEMATIC SEXUAL VIOLENCE CAMPAIGN DURING OCTOBER 7 MASSACRE

A Hamas terrorist is seen walking around a residential neighborhood in southern Israel in undated bodycam footage released by the Israel Defense Forces. The footage was shown to foreign correspondents on Oct. 16, 2023, as part of a 40-minute reel compiled from the Hamas attack on Oct. 7. (Israel Defense Forces/AP)

Dr. Cochav Elkayam-Levy, founder and chair of the Civil Commission and a principal co-author of the report, told Fox News Digital that the greatest challenge in compiling the findings was the team’s repeated exposure to graphic material and the trauma associated with reviewing it on a regular basis.

“We had to not only collect materials, but also review and analyze it alongside forensic experts while witnessing human suffering at its worst,” Elkayam-Levy said. “What motivated us was the denial, the hesitation and the questioning. We wanted to ensure that the world knows what happened to the victims.

“For us, it is a final act of justice for the victims,” she added.

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The report also detailed cases in which sexual violence was inflicted in front of or involving family members, including one incident in which relatives were allegedly forced to carry out acts on each other.

FREED HOSTAGE ROM BRASLAVSKI DETAILS ABUSE, STARVATION DURING 738 DAYS IN GAZA CAPTIVITY

People visit the site of the Nova music festival in Re’im, southern Israel, where revelers were killed in a cross-border attack by Hamas on Oct. 7, 2023. The visit took place on Jan. 14, 2024, marking 100 days since the start of the war between Israel and Hamas. (Leo Correa/AP)

It further accused Hamas and allied perpetrators of using videos, digital platforms and social media as tools to magnify psychological harm, spread fear and publicize the attacks, including by distributing sexualized material.

Elkayam-Levy said she hopes the findings will not remain confined to academics, human rights organizations or activists, but will also be studied by counterterrorism and national security experts to better understand and confront such atrocities.

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“We cannot prevent what we do not fully understand,” Elkayam-Levy said. “No single prosecution could ever capture the full magnitude of these crimes in the way this report does. It is therefore critical that policymakers, decision-makers, members of Congress and senators find ways to formally recognize these findings and hold hearings so we can begin addressing this issue. We want the findings of this report to receive formal institutional recognition.”

The report, Elkayam-Levy noted, underscores that victims of the Oct. 7 atrocities came from 52 countries, highlighting the global scope and impact of the attack.

Witness testimony cited in the report included an account of a woman being sexually assaulted before being beheaded. Another witness described seeing a woman dragged from a vehicle, pinned against a wall, repeatedly raped and then stabbed, with the assault allegedly continuing after her death.

In another case, a witness described discovering the body of a man whose genitals had been severed, lying beside the body of a woman holding them, in what the report described as an apparent effort to degrade and humiliate the victims.

A Hamas terrorist is seen walking around a residential neighborhood in southern Israel in undated bodycam footage released by the Israel Defense Forces amid the Hamas attack on Israel on Oct. 7, 2023. (Israel Defense Forces/AP)

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JEWISH DEM LAWMAKER PANS NY TIMES, SUGGESTS PAPER ON ‘HAMAS’ PAYROLL’ FOR PALESTINIAN PRISONER DOG RAPE REPORT

Investigators said some female victims were found naked or partially unclothed, with evidence of severe mutilation and objects including grenades, nails and household tools inserted into their bodies. The report also cited gunshot wounds, cuts and burn injuries concentrated on intimate areas.

The report said some female bodies brought to morgues showed broken pelvises or legs, bloodied underwear and additional trauma to the abdomen or groin.

Former hostages, both women and men, have also testified to rape, sexual torture and other forms of abuse during abduction or captivity, according to the report. It said some female captives reported sexual assaults while receiving treatment in Gaza hospitals for injuries sustained during the attacks.

A bloodied handprint stains a wall inside a house in the Nir Oz kibbutz near the Gaza border after a Hamas attack days earlier. (Alexi J. Rosenfeld/Getty Images)

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Male hostages likewise described sexual abuse while in captivity, including assaults in showers and incidents carried out under armed threat while victims were naked, the report said. One former hostage recounted being sexually assaulted when a captor forcibly rubbed his genitals against the victim’s anus.

Last month, former hostage Rom Braslavski recounted the abuse he said he endured during captivity in an exclusive interview with Fox News Digital.

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“They would hit me with whatever they had on hand. I underwent severe torture, bondage and sexual abuse. Everything they could do to me, they did. My body is still covered in scars. After four months of torture, I was clinically dead, rolling my eyes and passing out. They decided to stop the violence and brought doctors to treat me with injections and gave me food again,” he said.

The report said sexual and gender-based violence was “widespread and systematic” and constituted an “integral component” of both the Oct. 7 attacks and the subsequent treatment of captives, while calling the prosecution of such crimes an “urgent” priority to be pursued through international accountability mechanisms.

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A soldier of the Military Rabbinate unit opens a container holding bodies killed during the Hamas attack on Israel’s southern border as identification continues at the Shura army base in Ramle, Israel, on Oct. 24, 2023. (Amir Levy/Getty Images)

Among its recommendations, the commission called for targeted sanctions against individuals and entities accused of carrying out or materially supporting the Oct. 7 attack and its aftermath. It also urged action against what it described as denial, minimization or politicization of the sexual crimes committed during the massacre and in captivity.

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“The Commission further recommends that Israel adopt a comprehensive gender strategy within its prosecutorial framework and establish a specialized chamber or panel of judges dedicated to the prosecution of sexual and gender-based crimes committed on October 7th and during captivity,” the report said.

Elkayam-Levy said the report has received widespread international attention, including front-page coverage in U.S. and global media outlets. “We feel the discussion has shifted from questioning whether these crimes occurred to examining their consequences,” she said. “There is now a substantial legal evidentiary foundation preserved in a secure archive that cannot be denied.”

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Spanish row fuels north–south tensions ahead of tough EU budget talks

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Spanish row fuels north–south tensions ahead of tough EU budget talks

The Spanish government is seeking to contain a scandal linked to EU pandemic funds, categorically denying that it used European money to pay pensions, as member states prepare for tough budget talks amid deep divisions over how funding should be allocated.

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An official in Madrid with direct knowledge of how EU funds are structured told Euronews that a technical matter is being instrumentalised in a way that is “simply false”, accusing the opposition of playing politics over what it describes as an accounting issue.

A Spanish budget watchdog reported earlier this month that the government of Pedro Sánchez used budget credits linked to the EU’s Recovery and Resilience Facility (RRF), an economic plan partly funded through common debt designed to revitalise the bloc’s economy after Covid, to partly finance Spanish pensions in November 2024.

Madrid insists it did not breach the rules.

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The European Commission asked Madrid for clarification after initial newspaper reports, according to a person familiar with the matter. It did not issue a follow-up request once Madrid provided an explanation, and Spanish authorities consider the issue closed.

However, the political scandal lingers, even as Madrid insists that “not a single euro” of EU money has been misused, amid backlash in so-called frugal countries. Spain and Italy were the biggest beneficiaries of the €750 billion recovery fund approved in summer 2020 after difficult talks.

In Madrid, the opposition People’s Party has demanded that Sánchez appear before Congress to explain the matter. The issue is also making waves in the European Parliament, with strong reactions from conservative lawmakers.

“If these allegations are confirmed, we are facing a serious abuse of European taxpayers’ money,” wrote Tomáš Zdechovský (Czechia/EPP), an influential centre-right member of the European Parliament’s budgetary committee, on X. “Europe cannot tolerate any misuse of recovery funds.”

“Is €10 billion in EU funds, intended for recovery after the pandemic, quietly being used to help pay Spanish pensions? It would confirm our worst fears about these funds,” said Dirk Gotink (The Netherlands/EPP).

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Madrid sources insist the issue is being overblown for political purposes.

A government official pointed to the country’s economic performance and pushed back against the frugal-versus-south narrative, which often presents the wealthier north subsidising the weaker south. “Spain is the fastest growing economy in Europe, Germany is not paying our pensions,” said a second Madrid official.

The incident does, however, underscore the additional complications the country is facing due to its inability to approve a budget in a fragmented parliament. After failing to deliver a fresh budget for 2025, Madrid was forced to roll over a plan approved in 2023.

A fight over the EU’s financial future

The timing of the controversy is particularly sensitive.

Brussels is preparing to launch negotiations on the next Multiannual Financial Framework (MFF), the EU’s seven-year budget for 2028–2034, and a central question will be what to do with the roughly €750 billion in joint debt accumulated through the recovery plan.

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That programme was the largest and most politically consequential collective borrowing exercise in EU history. Whether it is ultimately seen as a success or a cautionary tale will inevitably shape how member states approach future proposals for shared financing.

Spain, the second-largest recipient of the initiative’s funding with a total of around €60 billion already received, has been among the most vocal advocates for an ambitious European budget and a permanent mechanism to pool financing needs.

Spanish Finance Minister Carlos Cuerpo has argued that pooling national debt at the EU level could generate annual savings of up to €25 billion.

Cuerpo, who is now Sánchez’s number two in government, echoed remarks made by France, Mario Draghi and a number of European intellectuals calling for a more efficient borrowing mechanism that would allow the EU to tap into the European Commission’s triple-A rating and lower financing costs for all 27 member states.

While the European Commission’s current budget proposal does not include new borrowing, contentious debate lies ahead over how to finance the repayment of existing recovery debt. Frugal northern countries like the Netherlands and Germany favour strict repayment schedules, even if that means cuts to other spending programmes.

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On Thursday, German Chancellor Friedrich Merz reiterated his country’s opposition, even if the German central bank has been more nuanced about the benefits and risks of pooling debt.

Southern member states, including France and Greece, are pushing to roll over the debt accumulated during the pandemic, with President Emmanuel Macron describing calls for early repayments as “idiotic”. Paris is an advocate of a European safe-asset mechanism.

A European official supportive of the plan said the Spanish controversy is being weaponised not so much against Madrid, but against proposals put forward by southern countries ahead of the budget talks.

“I wouldn’t be surprised if this is used to kill rollover proposal,” the diplomat said.

The issue of the next European budget will feature in an EU summit scheduled in June.

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U.S. and China Will Start Discussing A.I. Safety, Bessent Says

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U.S. and China Will Start Discussing A.I. Safety, Bessent Says

The United States and China will discuss guardrails on artificial intelligence, including establishing a protocol for keeping powerful A.I. models out of the hands of nonstate actors, Treasury Secretary Scott Bessent said on Thursday.

Mr. Bessent, who was speaking from Beijing in an interview with CNBC, did not give more details, including when these discussions would take place. But Xi Jinping, China’s leader, and President Trump had been expected to discuss A.I. during their summit in the Chinese capital.

If these talks happen, it would be the first time the two countries formally take up the issue during Mr. Trump’s second term. The capabilities and usage of A.I. have grown rapidly, and so have concerns that this technology could be weaponized by hackers and terrorists, or spiral out of human control.

“The two A.I. superpowers are going to start talking,” Mr. Bessent said. “We’re going to set up a protocol in terms of, how do we go forward with best practices for A.I. to make sure nonstate actors don’t get ahold of these models.”

Still, Mr. Bessent made clear that the fierce competition between the United States and China for supremacy in A.I. — which has been a major hurdle to cooperation on safety — remained front of mind for U.S. policymakers. Officials and experts in both countries have argued that they cannot slow technological development and risk losing out to their rivals.

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Mr. Bessent said that the United States was willing to cooperate with China on A.I. safety because “the Chinese are substantially behind us” in terms of the technology’s development.

“I do not think we would be having the same discussions if they were this far ahead of us. So we’re going to put in U.S. best practices, U.S. values, on this, and then roll those out to the world,” Mr. Bessent said.

Experts have suggested that China’s A.I. models may be a few months behind the leading U.S. models.

Another hurdle to the United States and China working together on A.I. safety is that they have generally focused on different potential threats.

American experts have generally highlighted existential risks, such as the possibility of artificial general intelligence, or super-intelligence that exceeds that of humans. Chinese researchers and officials have more often highlighted risks related to social stability and information control, such as the possibility of chatbots producing content that challenges China’s leadership and policies.

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Still, researchers in both countries have highlighted some shared risks, such as the possibility of A.I. being used to develop new biological weapons.

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