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When one hurts or kills a women
one hurts or kills hummanity and is an antrocitie.
Gino d'Artali
and: My mother (1931-1997) always said to me <Mi
figlio, non esistono notizie <vecchie> perche puoi imparare qualcosa da
qualsiasi notizia.> Translated: <My son, there is no such thing as so
called 'old' news because you can learn something from any news.>
Gianna d'Artali.
Al Jazeera - Feb 7 2025 - By Alexander Kozul-Wright
<<Why has Trump hit the world criminal court with sanctions?
US president orders asset freezes and travel bans against International
Criminal Court officials in protest against arrest warrant for Israel’s
Netanyahu. US President Donald Trump has slapped sanctions on the
International Criminal Court (ICC), accusing the body of attacking
Israel and the United States. In an executive order issued late on
Thursday, Trump called the court “illegitimate” and placed financial and
US visa restrictions on ICC staff and anyone assisting ICC
investigations against the US and its allies. Trump said arrest warrants
issued by the ICC in November for Israeli Prime Minister Benjamin
Netanyahu and his former defence minister Yoav Gallant, accusing them of
war crimes in Gaza, were “baseless”. However, analysts have described
his order for sanctions as “an assault on the rule of law”.
Here is what we know so far:
What does the executive order say?
Trump’s executive order claimed the ICC has “abused its power” by
issuing arrest warrants for Netanyahu and Gallant and stated that The
Hague-based court has taken “illegitimate” actions against the US and
its “close ally” Israel. Trump’s order, which coincides with Netanyahu’s
visit to the US, authorises sanctions and restrictions such as asset
freezes and travel bans against ICC officials looking to prosecute
American citizens and “allies”. The White House defined Israel as “a
democratic state whose military strictly adheres to the laws of war”.
“The actions taken by the International Criminal Court against Israel
and the United States set a dangerous precedent,” it continued, accusing
the ICC of “malign behaviour that threatens to violate American
sovereignty and undermine national security and foreign policy”.
Neither the US nor Israel are signatories to the Rome Statute, the
treaty that established the ICC in 2002.
How did the previous US administration respond to the arrest warrants?
In November, then-US President Joe Biden called the ICC’s arrest warrant
for Netanyahu “outrageous”.
Besides the warrants for Netanyahu and Gallant, the ICC also issued an
arrest warrant for Hamas military commander Mohammed al-Masri, known as
Mohammed Deif, “for alleged crimes against humanity and war crimes
committed” in Israel on October 7, 2023 when Hamas led assaults on army
outposts and villages in southern Israel in which 1,139 people were
killed and more than 200 were taken captive into Gaza. In a statement,
Biden said: “Whatever the ICC might imply, there is no equivalence –
none – between Israel and Hamas. We will always stand with Israel
against threats to its security.” Israel said it killed Deif in July in
southern Gaza. Hamas confirmed his death last week. The ICC indicted him
along with two other Hamas leaders, Yahya Sinwar and Ismail Haniyeh –
both of whom have also been killed. On January 9, the US House of
Representatives passed legislation that would sanction the ICC in a
243-140 vote. “America is passing this law because a kangaroo court is
seeking to arrest the prime minister of our great ally Israel,”
Representative Brian Mast, the Republican chairman of the House Foreign
Affairs Committee, said in a speech before the vote. The only
legislators who did not support the bill were Democrats. but 45 members
of the party voted for it. On January 28, the US Senate blocked the
legislation.
How will the sanctions work?
Sanctioned individuals may be denied entry into the US. They could also
have their US assets frozen and be denied financial dealings with “US
persons” and entities, including banks. Entities outside the US could
also lose access to the US financial system if they violate sanctions.
Sanctions violations can result in fines and imprisonment.
Trump’s executive order targets ICC staff responsible for the court’s
“transgressions”. Sanctions can also be applied to staff family members
as well as those assisting with ICC investigations. The names of
individuals targeted by the sanctions have not been released. But
previous sanctions against the ICC – issued in 2020 during Trump’s first
term – were aimed at the chief prosecutor and an aide who ran an ICC
investigation into alleged war crimes by US soldiers in Afghanistan.
Will sanctions stifle ICC investigations into Israeli war crimes?
Placing ICC officials under sanctions could hinder ongoing
investigations by making it more difficult for them to travel and access
funds. Trump’s actions also risk discrediting international efforts to
bring war criminals to justice. Yossi Mekelberg, a professor and Israel
analyst at London-based Chatham House, told Al Jazeera: “This is an
attempt to intimidate the ICC as an organisation and those who work for
it.” He added that the executive order could “scare people from
cooperating with the ICC”. Saul Takahashi, a professor of international
human rights law at Osaka Jogakuin University in Japan, told Al Jazeera
the indirect implications of Trump’s move “can be very serious”. “The
executive order talks about not only sanctioning actual staff members of
the ICC … but also people who cooperate with the ICC in the
investigation into Israeli officials,” he said. “We are talking about
human rights activists, victims, etc. Those kind of people may be shut
out of the US or face penalties.” Neve Gordon, professor of law at Queen
Mary University of London and a board member of the International State
Crime Initiative, said he does not expect the ICC’s “extremely
courageous” staff to backtrack from their investigations. Gordon told Al
Jazeera: “Given their [ICC staff members’] history of resistance and
their willingness to stand up and speak truth to power in order to
uphold the law despite years of pressure, I doubt that this executive
order will make them bow down.”
Will this order hamper the functioning of the ICC?
In a statement published on Friday, the ICC said Trump’s executive order
seeks to “harm its independent and impartial judicial work” but pledged
to “continue providing justice and hope to millions of innocent victims
of atrocities across the world”. “We call on our 125 States Parties,
civil society and all nations of the world to stand united for justice
and fundamental human rights,” it added. International financial
institutions could refrain from working with the court as a result of
the sanctions. “The stakes could not be higher,” Gordon said. “Even
though the sanctions are aimed at the ICC and its independent and
impartial judicial work, they actually constitute a direct attack on the
post-World War II international legal order. “By targeting the only
international legal institution that has enforcement capacity relating
to the post-World War II international legal regime, the executive order
in effect undermines international humanitarian law, including 1949 four
Geneva Conventions, the 1951 Genocide Convention and a series of
international conventions relating to laws of war and human rights.
“It is an assault on the rule of law.”
Mekelberg said Trump’s move sends a “chilling message to other
international organs that if they don’t comply with the US, they might
suffer”. However, Takahashi said the direct impact of US sanctions on
the ICC would most likely be “limited”. The court “is not in the United
States. It is in The Hague in the Netherlands”, Takahashi told Al
Jazeera, adding that only ICC staff with US assets were at risk.
What have the reactions to the order been so far?
Trump’s executive order has provoked expressions of alarm from around
the world. European Council President Antonio Costa said the sanctions
“undermine the international criminal justice system as a whole”. The
Netherlands said it “regrets” the order, declaring that the court’s work
is “essential in the fight against impunity”. Amnesty International
labelled the move “reckless”. For his part, Israel’s prime minister
applauded Trump’s move. On X, Netanyahu posted: “Thank you, President
Trump, for your bold ICC executive order. It will defend America and
Israel from the anti-American and antisemitic corrupt court. Meanwhile,
Israeli Foreign Minister Gideon Saar said he “strongly” commended
Trump’s executive order. “The ICC aggressively pursues the elected
leaders of Israel, the only democracy in the Middle East,” Saar wrote on
X. “The ICC has no jurisdiction – Israel and the US are not parties to
the Rome Statute and are not members of the ICC. They are thriving
democracies with militaries strictly adhering to international law.”>>
SOURCE: AL JAZEERA:
https://www.aljazeera.com/features/2025/2/7/why-has-trump-hit-the-world-criminal-court-with-sanctions
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Gino d'Artali |
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