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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

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’

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. 

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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.”

Hague Netherlands Headquarters

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.” 

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

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Israeli PM Netanyahu and Gallant

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.

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.

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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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Al-Qaeda affiliate claims responsibility for June attack in Burkina Faso

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Al-Qaeda affiliate claims responsibility for June attack in Burkina Faso

The attack on June 11 was one of the deadliest suffered by the West African nation’s army.

An armed group linked to al-Qaeda, Jama’at Nusrat al-Islam wal-Muslimin (JNIM), has claimed responsibility for what it said was an attack on June 11 that killed more than 100 Burkina Faso soldiers in the Mansila area near the border with Niger, the SITE Intelligence Group said.

On Sunday, SITE quoted a JNIM statement as saying that five days ago “fighters stormed a military post in the town, where they killed 107 soldiers and took control of the site”.

Several videos shared online by JNIM showed raging gunfire around the army base. Another video showed a display of ammunition and dozens of weapons, and at least seven captured Burkina Faso soldiers.

June’s reported attack has been one of the deadliest suffered by the West African Sahel nation’s army.

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Ulf Laessing, head of the Sahel programme at the Konrad Adenauer Foundation, told Al Jazeera that the government is trying to fight the armed groups but has not recruited professional soldiers to do so.

“They recruited 50,000 volunteers, many of whom got only a short period of training. So they’re kind of vulnerable to losses and it is not very efficient, unfortunately. Almost every day now, there are incidents like this,” he said.

“Right now you have 50-60 percent of [Burkina Faso’s] territory which is outside government control … The government is trying hard, they’re buying weapons, they have a military partnership with Russia but they’re not very successful.”

Niger and Mali are also struggling to contain fighting linked to al-Qaeda and ISIL (ISIS). The unrest is also threatening the stability of the Sahel region as the armed groups, who control swathes of territories in Burkina Faso and Mali, use them as bases to target southern coastal countries.

Laessing noted that while Mali and Niger have similar problems, their countries are much bigger.

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“Burkina Faso is the smallest of the three and very densely populated … Whenever the army attacks, you have many more civilian victims, that makes it so brutal,” he said.

Over more than a decade, armed groups have killed thousands and displaced more than two million in Burkina Faso.

Moreover, the country has topped the recent Norwegian Refugee Council (NRC) list of the world’s most neglected displacement crises.

The violence killed more than 8,400 people last year, double the number of deaths from the previous year, according to the NRC.

About two million civilians were trapped in 36 blockaded towns across Burkina Faso by the end of 2023.

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Fight for control of Yemen's banks between rebels, government threatens to further wreck economy

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Fight for control of Yemen's banks between rebels, government threatens to further wreck economy

SANAA, Yemen (AP) — Yemen’s Houthi rebels and its internationally recognized government are locked in a fight for control of the country’s banks that experts warn is threatening to further wreck an economy already crippled by nearly a decade of war.

The rivalry over the banks is throwing Yemen’s financial system into deeper turmoil. Already, the Houthis who control the north and center of the country and the government running the south use different currency notes with different exchange rates. They also run rival central banks.

The escalating money divide is eroding the value of Yemen’s currency, the riyal, which had driven up prices for clothing and meat before the Islamic holiday of Eid al-Adha started on Sunday.

For weeks, Yemenis in Houthi-controlled areas have been unable to pull their money out of bank savings accounts, reportedly because the Houthi-run central bank, based in the capital, Sanaa, has stopped providing liquidity to commercial and government banks. Protests have broken out in front of some banks, dispersed by security forces.

Yemen has been torn by civil war ever since the Iranian-backed Houthi rebels took over Sanaa and much of Yemen’s north and center in 2015. The Saudi-backed internationally recognized government and its nominal ally the Southern Transitional Council, a group supported by the United Arab Emirates, govern the south and much of the east, centered in the southern port city of Aden.

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Yemen was already the Arab world’s poorest country before the war began. Punitive actions by each side against the other’s banks over the past week now threaten to undermine merchants’ ability to import food and basic commodities and to disrupt the transfer of remittances from Yemenis abroad, on which many families depend, said Edem Wosornu, director of operations and advocacy for the U.N. humanitarian coordination office known as OCHA.

“All these factors will likely deepen poverty, worsen food insecurity and malnutrition, and increase reliance on humanitarian assistance,” she told a U.N. Security Council briefing on Thursday. The dispute could escalate to the point that banks in Houthi-run areas are barred completely from international financial transactions, which she said would have “catastrophic ramifications.”

The internationally recognized government moved the central bank to Aden in 2016, and since then began issuing new banknotes to replace worn-out riyals. Houthi authorities, which set up their own central bank in Sanaa, banned the use of the new money in areas under their control.

In March, the Houthi-controlled central bank announced it was rolling out its own new 100-riyal coins. The international community and Yemen’s recognized government denounced the move, saying the Houthis were trying to set up their own financial system and warning it will deepen Yemen’s economic divide.

Adding to the confusion, the bills have different exchange rates — riyals issued in Sanaa go for about 530 to the dollar, while those from Aden are around 1,800 to the dollar.

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In response, the Aden-based central bank gave banks 60 days to relocate their headquarters to the southern city and stop operating under Houthi policies, or else risk facing sanctions related to money laundering and anti-terrorism laws.

The central bank was “forced to make these decisions, especially after the Houthi group issued their own currency and took unilateral steps towards complete independence from the internationally recognized Central Bank in Aden,” said Mustafa Nasr, an economic expert and head of the Studies and Economic Media Center SEMC.

No banks met the deadline — either because they needed more time or because they feared Houthi sanctions if they moved, Nasr said.

When the deadline ran out last week, the central bank in Aden banned dealing with six banks headquartered in Sanaa, meaning currency exchange offices, money transfer agencies and banks in the south could no longer work with them.

In retaliation, the Houthi-run central bank in Sanaa banned all dealings with 13 banks headquartered in Aden. That means people in Houthi-controlled areas can’t deposit or withdraw funds through those banks or receive wire transfers made through them.

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Even as the fight for control is going on, both sides are facing a cash crunch. The Houthi government has few sources of foreign currency and its new coins aren’t recognized outside its territory.

In January, the United States designated the Houthis as a global terror group in response to the rebels’ attacks on shipping in the Red Sea and Arabian Sea. The Houthis say the attacks are in retaliation for the Israel-Hamas war in the Gaza Strip. Because of the U.S. decision, banks around the world might be concerned and reluctant to continue any financial dealings with banks that have headquarters under Houthi control, said Youssef Saeed, a University of Aden economic professor.

The economy in Aden isn’t significantly better. The government’s revenues have been hit hard ever since Houthi attacks on oil ports in late 2022 forced a halt in oil exports, the main earner of foreign currency.

Since March, depositors in Houthi-run areas have been unable to pull money out of their accounts. The central bank in Sanaa hasn’t announced any formal restrictions, but several economists told The Associated Press that it has informally stopped releasing funds that individual banks have put in its coffers — in part because of a lack of liquidity.

At one bank that saw protests by depositors last month, the International Bank of Yemen, a note hung in the lobby said, “In coordination with the Central Bank, withdrawals from old accounts have been suspended until further notice.”

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Um Ahmed, a 65-year-old woman who was among those protesting outside the bank, said that she was trying to withdraw money to help her son buy a motor scooter for work, but the bank refused.

“I served this country as a teacher for 35 years and saved every penny and deposited my money at the bank, but they took it all,” she said. “This money belongs to my husband and me and our children.”

___

Fatma Khaled reported from Cairo.

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At 28, Jordan Bardella shakes up French politics: 'People across France have woken up'

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At 28, Jordan Bardella shakes up French politics: 'People across France have woken up'

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FRANCE — Jordan Bardella is shaking things up in French politics. He’s young. He’s handsome like a male fashion model, and since 2022, he’s been president of the National Rally, the new name for the National Front party founded in 1972 by controversial far-right politician Jean-Marie Le Pen. The party has moved on from its far-right roots, becoming more of a populist party under Le Pen’s daughter, Marine. 

“Jordan Bardella, the right-wing 28-year-old without a college degree, could be the French prime minister in a few weeks,” says Thomas Corbett-Dillon, a former adviser to former U.K. Prime Minister Boris Johnson and adviser to other European politicians. “This is great news for the French people that have suffered relentless attacks on their culture by left-wing Macron and the millions of migrants he imported.”

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Bardella was born into a family of Italian immigrants and excelled in school before attending the country’s top university, the Sorbonne. However, he dropped out before earning a degree to pursue a career in politics. His parents divorced at an early age, and he was largely brought up by his mother in a working-class neighborhood in the Paris suburbs.

EUROPEAN VOTERS REJECT SOCIALISM, FAR-LEFT POLICIES IN EU PARLIAMENT ELECTIONS: ‘POLITICAL EARTHQUAKE’

Rassemblement National President and electoral list leader Jordan Bardella poses for a selfie with supporters during a campaign rally for the upcoming European elections in Montbeliard, eastern France, March 22, 2024.  (Patrick Hertzog/AFP via Getty Images)

The reason Bardella has a chance at being the next French prime minister is due to the country’s electorate swing to the populist right in the European Union elections at the beginning of the month. France led the way with the National Rally snagging 31.5% of the votes, making it the most popular French political block in the election.

That led President Emmanuel Macron to call a snap parliamentary election for the end of the month.

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“[Macron] called an urgent election to try and surprise the National Rally party before they were ready,” Corbett-Dillon says. “The people across France have woken up and are sick of the left-wing policies.”

Still, there are other changes that might seem to make Bardella and National Rally more popular to the French. Specifically, Bardella and Marine Le Pen, daughter of Jean-Marie, have a different way of doing things compared to Marine’s father, says French-born Veronique de Rugy, a senior research fellow at the Mercatus Center at George Mason University in Virginia. 

Jordan Bardella poster

Women pose in front of a poster of the head of the Rassemblement National far-right party, Jordan Bardella, during the launching event of the movement “Les Jeunes avec Bardella” (Youth with Bardella) in Paris, Jan. 27, 2024. (Miguel Medina/AFP via Getty Images)

“Jean-Marie’s demeanor was not fitting in with the French elite,” de Rugy says. “When I see Marine and Jordan, they fit very well.” 

In addition, neither Bardella nor Madame Le Pen push antisemitic rhetoric as did Mr. Le Pen. 

“They are not Jean-Marie,” de Rugy says. She also notes the usual “far right” description of the National Rally isn’t quite accurate. Yes, the party does have an anti-immigrant and protectionist stance on imported goods, which are both far right, she says. But on domestic issues, the party is quite different. 

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“These guys are more inclined to big government programs,” she says. Such things include the hefty cost of state-funded pensions and other social safety nets.

GERMANY’S CONSERVATIVES FINISH FIRST IN EU ELECTION, AS FAR-RIGHT MOMENTUM SENDS FRANCE’S LEADER SCRAMBLING

Another thing drawing voters to the National Rally is the high unemployment of young people between 15 and 24. Recent data shows that the so-called youth unemployment rate was running at 17.8%, according to data from April. That’s up from 16.8% at the beginning of last year. 

That high youth unemployment rate may be due to a lack of education or skills, says Ivo Pezzuto, a Paris-based professor of global economics and competitiveness at the ISM Business School. 

“There are a lot of jobs but only for the people with the new skills,” Pezzuto says. “Those most likely to get jobs would include people with digital know-how.”

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Marine Le Pen

Marine Le Pen, center, and deputies, including Sebastien Chenu to her left and Jordan Bardella, president of the National Rally, to her right, participate in a march against antisemitism from the Esplanade des Invalides to the Senate Nov. 12, 2023, in Paris. (Antoine Gyori/Corbis/Corbis via Getty Images)

However, Bardella and the National Rally face some huge challenges. First, winning a majority in the French parliament isn’t the most likely outcome, says Mujtaba Rahman, Eurasia Group’s managing director for EuropeInstead, he says the likelihood of a victory is “non-negligible” with a 30% chance of the National Rally winning a majority of the parliamentary seats.

If Bardella beats the odds and gets a parliamentary majority, it still won’t be easy to pursue new policy programs, Rahman says. Part of that block will likely be President Macron, who some say leans a tad to the left. That means there will likely be a clash of policy goals between the president and the prime minister.

“Never have we had a co-habitation of such big ideological differences,” Rahman says.

There’s also the potential for problems with government spending. Notably, as a European Union member, France is obliged to stick to limits on how much of a fiscal deficit it runs as a percentage of GDP. The issue that Rahman sees popping up is Macron trying to constrain spending by Bardella. 

“It’s not clear [Macron would] be able to do that,” Rahman says. “I think there would be a period of experimentation and uncertainty resulting in the constitution being tested.” 

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The result could put France’s finances in the spotlight, and that may already be beginning.

Jordan Bardella campaigning

National Rally lead candidate Jordan Bardella delivers a speech at the party election night headquarters June 9, 2024, in Paris. (AP Photo/Lewis Joly)

Investors have shown their concerns over the past few days since Macron called the snap vote. The Paris CAC index (roughly the French equivalent of the Dow Jones index) had subsequently dropped 4% last week. And its finances are stretched. The country had a debt of 111% of its GDP at the end of last year. 

And the same year, its deficit rose to 5.5% of GDP. The EU requires member states to run deficits no higher than 3%. 

“The new government will have a severe fiscal constraint,” says Marc Chandler, chief market strategist at currency specialist Bannockburn Global Forex. In other words, whoever gets a majority in the French parliament, there won’t be much wiggle room. 

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Chandler also sees an increased risk of France leaving the EU. 

“It’s a tail risk, but the tail has gotten a bit bigger,” he said.

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