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By Iqbal Jassat
Was it a ‘sick joke’ as one commentator urged for the Worldwide Felony Courtroom (ICC) to concern a warrant of arrest in opposition to Russian President Putin on the twentieth anniversary of the invasion of Iraq?
And what does it imply for South Africa and the BRICS formation?
It definitely raises justifiable questions concerning the partiality of the ICC, on condition that it was in a position to conclude and decide Putin’s culpability as a battle felony inside a yr of Russia’s invasion of Ukraine.
Whereas 20 years later, and regardless of overwhelming proof of gross human rights violations resulting in the deaths of tens of millions in Iraq, two of the arch-villains, George W Bush and Tony Blair, stay untouched by the ICC.
The bias of this kind has given rise to public notion of the ICC as a NATO-allied physique that’s used as a political software to serve Western pursuits. Certainly, to this point not a single American or European chief has been indicted for battle crimes whereas many African leaders have.
The identical will be mentioned of Israel. Leaders of the settler colonial entity have and proceed perpetuating probably the most horrific battle crimes in opposition to native Palestinians, but not one has confronted prices not to mention arrest warrants.
ICC prosecutors can neither declare ignorance about Israel’s battle on the Palestinian inhabitants nor that nobody has laid complaints at their door in respect of atrocities stretching from 1948 up to now.
The query that arises is what makes the ICC run with haste to indict Putin inside a brief area of time and at whose bidding?
If the prosecution group values a necessity for integrity, impartiality and dedication to justice with out worry or favor, we anticipate an announcement {that a} warrant of arrest for Benjamin Netanyahu has been issued.
Other than a number of prices for battle crimes in opposition to Palestinians, he’s chargeable for over the numerous durations he held sway over Israel as Prime Minister, consistency by the ICC requires he be charged for precisely the explanations Putin has been.
Consultants level out that Israel must be anxious on condition that Putin is accused of violating prohibitions set in Worldwide Legal guidelines of Occupation.
“The arrest warrant alleges the crime of deportation of a inhabitants from the occupied territory to the territory of the occupier was dedicated. The crime of switch of civilians from the occupying energy to the occupied territory is outlined within the Rome Statute”.
In different phrases, America and the West who’ve excitedly welcomed and rallied behind the arrest warrant in opposition to Putin will discover their pleasure shortlived if the ICC finds the braveness to cost Netanyahu and his thugs for precisely the identical crimes.
Violation of the legal guidelines of occupation and particularly the ban on the switch of the occupier’s inhabitants to the occupied Palestinian territories was Jewish enclaves often called settlements, renders Israel responsible.
And it doesn’t finish there.
Compelled transfers of Palestinian populations such because the Khan Al Ahmar and of communities in Masafer Yatta, if executed “will fall below the identical crime that Putin is accused of – deportation of an occupied inhabitants outdoors the occupied territory or compelled switch inside it”, say authorized specialists.
Certainly to the frustration of many lawfare campaigners who had the expectation that ICC could be keenly conscious of Israel’s deliberate and defiant violations of the prohibition on inhabitants switch, are shocked that Putin has been swiftly pursued whereas Netanyahu and his ilk are scot-free.
Failure by the ICC to prosecute Israeli leaders shouldn’t be solely to the detriment of Palestinians however to common justice.
What explains this failure of the ICC?
Might its reluctance to maneuver in opposition to Israel be defined by threats issued by former US president Donald Trump which up to now has not been repudiated by the present incumbent Joe Biden?
“We won’t cooperate with the ICC. We are going to present no help to the ICC. We definitely won’t be a part of the ICC. We are going to let the ICC die by itself”.
Trump’s discredited Nationwide Safety guru John Bolton was equally harsh and demanding of the ICC. He referred to it as “outright harmful” to america, Israel and different allies. He additionally threatened that “If the court docket comes after us, Israel or different US allies, we won’t sit quietly”.
The official line from the White Home as defined by Bolton was that the US was ready to slap monetary sanctions and felony prices on officers of the ICC in the event that they proceed in opposition to any American.
Although South Africa is believed to face a conundrum if and when Putin lands in Johannesburg to attend a BRICS summit, it could properly argue that making use of selective prosecution and the haste whereby ICC has fast-tracked the arrest warrant, leaves a lot to be desired.
– Iqbal Jassat is an Government Member of the South Africa-based Media Overview Community. He contributed this text to The Palestine Chronicle. Go to: www.mediareviewnet.com
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