World
International Criminal Court: 20 years, billions spent, limited success as US considers sanctions
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.”
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.
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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.
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.
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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.
“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.
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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.”
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.
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.
World
Live updates: Tracking Venezuela oil tankers as US seizes Russian-flagged vessel
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World
Iranian protesters rename Tehran street after Trump, plead ‘don’t let them kill us’ amid crackdown
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Iranian protesters intensified nationwide demonstrations over the past 24 hours, directly appealing to President Donald Trump while chanting anti-regime slogans. Footage published Wednesday showed a protester in Tehran symbolically renaming a street after Trump, while other videos captured handwritten appeals reading, “Don’t let them kill us,” Iran International reported.
Holly Dagres, a senior fellow at the Washington Institute, posted the video on X stating, “Since Trump’s comments about the Iran protests, I’ve seen numbers videos of Iranian protesters either thanking him or, in this case, renaming streets after the US president.”
The appeals came as demonstrators faced a widening security crackdown, including the deployment of armed units and tear gas near major civilian sites in Tehran.
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Exiled Iranian opposition leader Reza Pahlavi said the current unrest represents a historic opportunity to end Iran’s Islamic Republic.
“In all these years, I’ve never seen an opportunity as we see today in Iran,” Pahlavi said in an interview aired Tuesday on “Hannity.”
“Iranian people are more than ever committed to bringing an end to this regime, as the world has witnessed in the last few days, the level of demonstrations is unprecedented in Iran,” he said.
Pahlavi said protests have spread to more than 100 cities and emphasized the role of Iran’s traditional merchant class, describing developments inside the country’s bazaars as a turning point. “We are beginning to see more and more defections,” Pahlavi said, adding that “Either way, the regime is crumbling and is very close to collapsing.”
IRAN ON THE BRINK AS PROTESTERS MOVE TO TAKE TWO CITIES, APPEAL TO TRUMP
Sen. Lindsey Graham, R-S.C., posted a photo of himself posing with President Donald Trump, who is holding a signed “Make Iran Great Again” hat. (Lindsey Graham / X)
Over the past 24 hours, Iran International reported continued protests and strikes across the country, including in Tehran, Tabriz, Qazvin, Kermanshah, Kerman, Shiraz, Falavarjan and Bandar Abbas. Tehran’s Grand Bazaar remained a focal point of unrest, with large crowds chanting against Iran’s leadership as authorities responded with tear gas and armed deployments.
Security operations expanded into sensitive civilian locations. Videos published by Iran International showed tear gas used near or inside Tehran’s Sina Hospital and the Plasco Shopping Center.
Protesters hold signs during a demonstration in Iran amid ongoing unrest, according to images released by the Iranian opposition group National Council of Resistance of Iran. (NCRI )
Casualty and arrest figures continued to rise. The Human Rights Activists News Agency, cited by Iran International on Wednesday, reported at least 36 people killed since protests began, including 34 protesters and two members of Iran’s security forces, with more than 2,000 arrests nationwide. Iranian authorities have not released updated official figures.
New footage from the past day showed demonstrators lighting fires in the streets of Shiraz and chanting “Death to Khamenei,” referring to Supreme Leader Ali Khamenei. In Qazvin, protesters were heard chanting, “Law enforcement, return to the side of the nation.”
Iranian protesters try to take control of two cities in western Iran as nationwide unrest continues, with demonstrators chanting ‘Death to Khamenei’ in the streets. (Getty)
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Workers also joined the unrest, with strikes reported at the South Pars gas refinery and widespread shop closures at major markets in Tehran and Tabriz.
World
How Ukraine is shaping Europe’s response to Trump’s Greenland threats
For the past year, staying in Donald Trump’s good graces has become a top priority for European leaders, who have gone the extra mile to appease the mercurial US president, rein in his most radical impulses and keep him firmly engaged in what is their be-all and end-all: Russia’s war on Ukraine.
Though Europe is by far the largest donor to Kyiv, nobody on the continent is under the illusion that the invasion can be resisted without US-made weapons and come to an eventual end without Washington at the negotiating table.
In practice, the strategic calculus has translated into painful sacrifices, most notably the punitive tariffs that Trump forced Europeans to endure.
“It’s not only about the trade. It’s about security. It is about Ukraine. It is about current geopolitical volatility,” Maroš Šefčovič, the European Commissioner for Trade, said in June as he defended the trade deal that imposed a sweeping 15% tariff on EU goods.
The same thinking is now being replicated in the saga over Greenland’s future.
As the White House ramps up its threats to seize the vast semi-autonomous island, including, if necessary, by military force, Europeans are walking an impossibly thin line between their moral imperative to defend Denmark’s territorial integrity and their deep-rooted fear of risking Trump’s wrath.
The precarity of the situation was laid bare at this week’s meeting of the “Coalition of the Willing” in Paris, which French President Emmanuel Macron convened to advance the work on security guarantees for Ukraine.
The high-profile gathering was notable because of the first-ever in-person participation of Steve Witkoff and Jared Kushner, the chief negotiators appointed by Trump.
At the end of the meeting, Macron hailed the “operational convergence” achieved between Europe and the US regarding peace in Ukraine. By his side, British Prime Minister Keir Starmer was equally sanguine, speaking of “excellent progress”.
But it did not take long for the elephant in the room to make an appearance.
Hard pivot
The first journalist who took the floor asked Macron whether Europe could “still trust” America in light of the threats against Greenland. In response, the French president quickly highlighted the US’s participation in the security guarantees.
“I have no reason to doubt the sincerity of that commitment,” Macron said. “As a signatory of the UN charter and a member of NATO, the United States is here as an ally of Europe, and it is, as such, that it has worked alongside us in recent weeks.”
Starmer was also put on the spot when a reporter asked him about the value of drafting security guarantees for a country at war “on the very day” that Washington was openly talking about seizing land from a political ally.
Like Macron, Starmer chose to look at the bright side of things.
“The relationship between the UK and the US is one of our closest relationships, particularly on issues of defence, security and intelligence,” the British premier said. “And we work with the US 24/7 on those issues.”
Starmer briefly referred to a statement published earlier on Tuesday by the leaders of France, Germany, Italy, Poland, Spain, the UK and Denmark in defence of Greenland.
The statement obliquely reminded the US to uphold “the principles of sovereignty, territorial integrity and the inviolability of borders” enshrined in the UN Charter – precisely the same tenets that Moscow is violating at large in Ukraine.
The text did not contain any explicit condemnation of the goal to forcefully annex Greenland and did not spell out any potential European retaliation.
“Greenland belongs to its people. It is for Denmark and Greenland, and them only, to decide on matters concerning Denmark and Greenland,” its closing paragraph read.
Conspicuous silence
The lack of censure was reminiscent of the European response to the US operation that just a few days earlier removed Nicolás Maduro from power in Venezuela.
Besides Spain, which broke ranks to denounce the intervention as a blatant breach of international law, Europeans were conspicuously silent on legal matters. Rather than condemn, they focused on Venezuela’s democratic transition.
Privately, officials and diplomats concede that picking up a fight with Trump over Maduro’s removal, a hostile dictator, would have been counterproductive and irresponsible in the midst of the work to advance security guarantees for Ukraine.
The walking-on-eggs approach, however, is doomed to fail when it comes to Greenland, a territory that belongs to a member of both the EU and NATO.
Danish Prime Minister Mette Frederiksen has warned that the entire security architecture forged at the end of World War II, which allies have repeatedly invoked to stand up to the Kremlin’s neo-imperialism, would collapse overnight in the event of an annexation. The worry is that trying to stay in Trump’s good graces at all costs might come at an unthinkable price.
“Europeans are clearly in a ‘double-bind’: Since they are in desperate need of US support in Ukraine, their responses to US actions – whether on Venezuela or Trump threatening Denmark to annex Greenland – are weak or even muted,” said Markus Ziener, a senior fellow at the German Marshall Fund.
“Europeans are afraid that criticising Trump could provide a pretext for the US president to conclude a peace deal at Ukraine’s and Europe’s expense. Is this creating a credibility gap on the part of the EU? Of course. But confronted with a purely transactional US president, there seems to be no other way.”
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