General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsThe ICC must investigate Hegseth and/or Trump. They must prove they don't only target poor countries.
Duterte, for instance, deserved to be locked up, and the ICC did an excellent job pursuing that case. But if the International Criminal Court truly wants to show that justice applies to everyone, it must also investigate who ordered the strike against the survivors on that Venezuelan boat. If those responsible whether its Hegseth, Trump, or the person who actually pulled the trigger ever travel abroad, Interpol should issue a red notice for their extradition to The Hague for trial.
The ICC has long faced criticism for focusing too heavily on Africa while sparing more powerful nations, but that seems to be changing now that Netanyahu faces a warrant from them.
And lets be clear: the soldier who carried out the order isnt off the hook either. As Slotkin, Kelly, and others have pointed out, soldiers are expected to refuse unlawful commands.
drray23
(8,549 posts)Had you checked that the US does not fall under the ICC juriduction. We never ratified the Rome treaty.
It's regrettable but that's the reality.
Anxy
(40 posts)I believe not.
Emrys
(8,819 posts)But obviously, Israel begs to differ:
and ratification of the Rome Statute, and its referral of the situation to the ICC, including
crimes committed since June 2014.
According to the ICC Pre-Trial Chamber I decision of 21 November 2024, Palestine accepted
the jurisdiction of the ICC on 1 January 2015 under Article 12(3) of the Rome Statute, which
allows a non-member state to accept the Courts jurisdiction over crimes committed within
its territory. In parallel, Palestine ratified the Rome Statute, becoming a State Party.
The ICC Pre-Trial Chamber I determined in 2021 that it has territorial jurisdiction over the
territory of Palestine, being the Palestinian territory occupied by Israel since 1967
(the West Bank, including East Jerusalem, and the Gaza Strip).
Israel not a State Party to the Rome Statute has claimed that the ICC would not have
jurisdiction under Article 19(2) of the Rome Statute, arguing that Palestine does not have the
legal capacity to delegate jurisdiction to the ICC, while also asserting that the ICC cannot
exercise jurisdiction over Israeli nationals. However, the ICC rejected Israels challenge,
stating that the acceptance of jurisdiction by Israel is not required because the Courts
jurisdiction is based on territory rather than nationality, and does not imply any delegation
from the territorial state, nor any consent from the State of nationality. This means that the
ICC can prosecute crimes committed on the territory of a State Party, even if the person
accused is a national of a non-member state. Jurisdiction in this case is based on where the
crime occurred, Palestine, and not the nationality of the alleged perpetrators.
Israel has also argued that its claim that Palestine is not a state should be enough to invalidate
ICC jurisdiction. However, the ICC also dismissed this argument, stating that it had already
ruled on this matter in 2021, and this decision stands as res judicatameaning it has already
been adjudicated.
In conclusion, despite Israels non-membership of the Rome Statute and its refusal to
recognize the ICCs jurisdiction, the ICC has based its jurisdiction on
Palestines accession to the Rome Statute and the principle of territorial jurisdiction,
affirming its legal authority to investigate and prosecute alleged crimes committed
in Gaza and the West Bank (including East Jerusalem).
https://www.ecchr.eu/fileadmin/Q_As/ECCHR_QA_arrest_warrant_ICC_Netanjahu_Gallant_042025.pdf
I haven't thought about it deeply and IANAL, but the initial impression is that this principle would open up the US and its citizens to charges for acts committed on any signatory nation's territory.
Anxy
(40 posts)It could still be the case that ICC doesnt have jurisdiction, but because of other reasons such as, if it happened in international Waters. Because if the water belongs to train it out of Venezuela, they have a case period and stuff like that. Its a complex issue.
MarineCombatEngineer
(17,250 posts)against either Pedonald or Kegsbreath?
Anxy
(40 posts)Because the ICC prosecutor up there is a tough guy, not afraid of anyone, and Ive been reading about the importance of where exactly the incident happened and it seems to be very important for jurisdiction.
MarineCombatEngineer
(17,250 posts)Anxy
(40 posts)And Im not arguing he will be arrested easily. It will b unlikely because most countries are terrified of the United States..
However, it will be more likely if Trump is not president at the time.
But Hegseth out Trump out both should be charged.
Let countries affiliated with ICC embarrass themselves by passing in arrest if they travel to that area.
MarineCombatEngineer
(17,250 posts)but it's still highly unlikely that either would be arrested, especially Pedonald, Kegsbreath, maybe if they're no longer in power.
Anxy
(40 posts)MarineCombatEngineer
(17,250 posts)we're not signatories to the ICC.
https://en.wikipedia.org/wiki/United_States_and_the_International_Criminal_Court
They can investigate all they want, but in the end, it's a futile gesture.
Anxy
(40 posts)I dont think they were.
Emrys
(8,819 posts)MarineCombatEngineer
(17,250 posts)Who do you think would arrest Kegsbreath if the ICC did issue an arrest warrant?
Again, the ICC can investigate all they want, the end results will be the same, zilch.
Anxy
(40 posts)Now your argument has seems to change to I bet they wont arrest them.
The reason they havent arrested him is that he is avoiding travel to areas in which he could be arrested.
MarineCombatEngineer
(17,250 posts)no matter how you try to spin it, the plain simple fact is that.
Anxy
(40 posts)All you said is that the USA is not a signatory, which was disproved by the fact that Israel wasnt a signatory when Netanyahu was issued an arrest están.
MarineCombatEngineer
(17,250 posts)Or for that matter, if an arrest warrant was issued by the ICC against Pedonald or Kegsbreath, do you really think that the Secret Service and other Protective Details would allow that to happen?
No, they wouldn't and no nation is going to try such a foolish move, it would trigger a diplomatic or military response.
You see, I live in reality, not Fantasy Island.
Anxy
(40 posts)Netanyahu has to avoid travel to many countries and the warrant is there. The ICC job is done for now and they did the right thing.
flvegan
(65,550 posts)Jose Garcia
(3,391 posts)Anxy
(40 posts)And I said that was an important step towards addressing the inequality
muriel_volestrangler
(105,319 posts)Russia withdraw from the ICC agreement (when it realised it could be had up), but Ukraine didn't, and since Putin's crimes took place in Ukraine, they investigated and issued the warrant.
If the attacks happen in international waters, it may be harder for the ICC process to start. If Trump and Hegseth attack inside Venezuelan waters or on land, there'll be more of a chance. But Trump will go ballistic at the first sign - he'll seize the money of relatives of court officials, tell Visa and Mastercard to block their transactions, and anything else he can do to fuck up the lives of anyone vaguely associated with people who work at the ICC.
Anxy
(40 posts)By charging Netanyahu
Swede
(38,035 posts)Any country that signed the ICC will be bound to arrest anyone charged.
Oh, and welcome to DU, Anxy.