Issue #18 - No Longer Above the Law, Trump's Trial Nears the End, & DOJ Targets Ticketmaster
May 24, 2024
This week, the International Criminal Court sets its sight on top Israeli and Hamas leaders, Trump’s trial is nearing the end, and the Department of Justice opens an antitrust lawsuit against Live Nation, which owns Ticketmaster to encourage more competition in the live events ticketing market.
No Longer Above the Law
SUMMARY
The International Criminal Court (ICC) Prosecutor Karim Khan said this week the court would seek an arrest warrant for Israeli Prime Minister Benjamin Netanyahu. They also submitted applications for arrest warrants for top Israeli and Hamas leaders. Both Israel and Hamas have denounced the applications for their arrests.
Israel is not a member of the International Criminal Court and does not recognize its jurisdiction. Palestine, which is considered a nonmember observer state at the United Nations, recognizes the jurisdiction of the ICC.
The arrest applications will now go before a panel of three ICC judges to determine if the legal standard of ‘reasonable grounds’ has been met.
POINTS OF HOPE
A main principle of the law is that no person is above it, including Israel, who has been able to act with impunity until now.
By applying for arrest warrants for both Israeli and Hamas leaders, Israeli leaders cannot use the defense of antisemitism.
The United States’ (which does not recognize the ICC) threats against the ICC for charging Israel with any war crimes have ultimately not worked.
CATALYST
The International Criminal Court (ICC) was established in 2002 to prosecute individuals for war crimes, crimes against humanity, crimes of aggression, and genocide. It is distinct from the International Court of Justice (ICJ), which looks at disputes between states. Countries have to be signatories to the Rome Statue in order to recognize the court’s jurisdiction.
When the ICC was established, it was established on the principles of justice and fairness. It was seen as a huge step towards universal human rights. However, in the over 20 years since its establishment, it has faced accusations of eurocentrism, bias, and racism. It was even nicknamed the “Court of Africa,” as almost all of its cases centered on issues within the continent.
Now, Prosecutor Khan’s application for the arrest of Netanyahu and Hamas leaders is leading the court into a new era. Khan’s applications set aside international politics and get back to the court’s mission - to uphold the rule of law. No one is above it, not even international leaders of democratic countries.
The ICC was meant to be a court of last resort, a place to prosecute war criminals when a country’s legal system was unable or unwilling to do so. It was a common assumption that democracies would hold their leaders accountable. However, with the rise of the political right globally and more and more autocratic leaders, this assumption cannot be taken for granted.
It is also interesting to see how the United States could not prevent these applications despite their attempts to do so. This could be a sign of the United States loosening grip of the world order that they could not prevent an application of arrest against one of their closest allies. It could mean that power is shifting away from the superpower and toward international institutions.
However, there is still a long way to go in terms of the ICC’s strength and reach. Not every country recognizes its jurisdiction and even if arrest warrants are issued for these Israeli and Hamas leaders, they could still move and travel freely as long as a country promises not to extradite them to the court. The ICC has no current method of enforcement.
Yet, these applications mark a significant shift away from current power structures, and, as always, it remains to be seen where the chips fall.
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