The International Criminal Court's ruling that it has the jurisdiction to investigate alleged Israeli war crimes in "Palestine" will put the new US administration's attitude toward Israel to its first true test earlier than expected.
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The US, which is not a member of this particular international court, has thus far approached this body – which purports to defend "international law" but has instead become a political battering ram – with considerable hostility. Therefore, the US was not able to lay out its position regarding the Palestinian Authority's international status in the legal hearings that preceded the ICC's recent decision.
The Biden administration, which wants to revive the "two-state solution" between Israel and the Palestinians, has voiced support for the Palestinians' right to a "sustainable" sovereign state of their own. It must be noted that Trump's "deal of the century" also included a vision for establishing a Palestinian state. With that, the PA's very move to sign on to join the ICC, which it did during the Obama administration, is in itself a gross violation of international agreements between Israel and the Palestinians.
The ICC's decision to launch a preliminary investigation into war crimes allegations against Israel, on the basis of "Palestine's" membership status with the ICC, obligates the new Democratic administration to clarify its position on the ICC and the international status of the PA. Biden, in his first foreign policy speech, declared"America is back" and that he wants to renew American involvement in international organizations.
But, what does "back" mean in terms of the ICC? Will Biden decide, contrary to his public efforts to placate international and mainly Western public opinion, to maintain his predecessor's adversarial approach, which barred the ICC's general prosecutor from entering the US? Or will he choose to lower the flames with the ICC, which is also threatening to investigate American soldiers?
Will he choose to ignore the ICC's decision, thereby giving the PA a diplomatic boost, or will he stand alongside Israel, which argues that the PA is not a state? Will he now opt for a clash with the Palestinians or with Israel, just a month and a half before the general election in Israel which his administration hopes will result in Benjamin Netanyahu being weakened or perhaps replaced? Or will he simply choose to do nothing, and let Israel down?
There's no question the ICC judges waited with their anti-Israel decision for the changing of the guard in the White House. This ruling would have been met with a harsh response from Trump, had he been re-elected.
The judges decided to ignore the exceedingly compelling arguments put forth by representatives of several Western countries friendly to Israel, chief among them Germany, that the PA is not a state and therefore the ICC lacks the jurisdiction to launch an investigation. In ignoring these arguments with all the legal acrobatics these judges could muster – for example, by arguing that their ruling doesn't determine "Palestine's" borders – testifies to the absolute politicization of this supposedly legal body.
An American administration that doesn't seek reconciliation with the enemies of the West would have used this opportunity to spearhead sweeping reforms in the ICC, along with other international bodies, under the threat of dismantlement. But, the globalist approach of Biden and his team opposes this spirit. Will their lofty ideals give way to practical and realistic action?
Beyond the American response, we must hope that other Western countries realize the ICC is a theater of puppets, reinventing international law in accordance with the political needs of elements that wish to eradicate existing international law.
Any country that plays along with this farce by claiming it wants to "mitigate damages" will itself contribute to the West's loss of ability to defend itself against its enemies.
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