Trump’s EO does not promote accountability
This is the opinion of Br. Denys Janiga, OSB, a monk of St. John’s Abbey and a Benedictine Fellow at SJUFaith
On Feb. 6 President Trump signed Executive Order (EO) 14203 titled “Imposing Sanctions on the International Criminal Court.”
The International Criminal Court (ICC) is a judicial body established in 1998 that has the authority to investigate and prosecute individuals accused of crimes against humanity, war crimes, genocide and crimes of aggression.
The ICC has convicted many individuals involved in war crimes and crimes against humanity (e.g. using child soldiers, sexual slavery and post-election violence).
President Trump alleges that the ICC “has engaged in illegitimate and baseless actions targeting America and our close ally Israel” and further states that the “ICC has no jurisdiction over the United States or Israel, as neither country is party to the Rome Statute or a member of the ICC.”
The first statement is related to the arrest warrants for Prime Minister Netanyahu and his former Defense Minister Yoav Gallant, which allege war crimes and crimes against humanity.
The EO is unclear regarding how it sees the ICC targeting the United States, since it is vague on specifics when it states the “ICC’s recent actions against Israel and the United States set a dangerous precedent, directly endangering current and former United States personnel, including active service members of the Armed Forces, by exposing them to harassment, abuse and possible arrest.”
While the EO is correct to note that neither the United States nor Israel are party to the Rome Statute, the ICC can nonetheless investigate and prosecute suspects involved in crimes in the territories of its members.
The warrants for Netanyahu and Gallant are for crimes committed in Palestine, which is party to the Rome Statue. Americans or Israelis that commit crimes in Palestine or any other state party to the ICC can be prosecuted.
The president’s EO is inconsistent when it speaks of “accountability” and the “peaceful cultivation of international order,” but then lists a number of possible sanctions against an international court investigating deadly crimes of which 125 states are members.
If deadly crimes are alleged to have occurred, would thwarting and denouncing their investigation promote accountability and international peace? It would be bizarre for an international court to put forward “illegitimate” and “baseless” allegations.
The war in Gaza had been active for about 13 months when the arrest warrants were approved. Much evidence could be collected in that period of time. The ICC, moreover, has been collecting evidence in Palestine since 2014.
The Catholic Church supports the principle of complementarity, which refers to the relationship between international and national organizations. For international courts, this principle respects the sovereignty of states and sees the ICC as a safeguard of last resort when domestic systems are unable or unwilling to engage in proceedings.
The Holy See has been a permanent observer at the United Nations since 1964. The Church agrees that international organizations can work for peace, justice, human dignity and the common good. However, they must work with civil actors and national bodies in a spirit of cooperation; national bodies and civil actors, likewise, must allow them to do their work.