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[-] Arcanepotato@crazypeople.online -2 points 2 days ago* (last edited 2 days ago)

No, he's not afraid of that because the US is not a party of the ICC and the American Service Members Protection act prohibits US courts, agencies, entities of state or local government from cooperating with the ICC and further

The President is authorized to use all means necessary and appropriate to bring about the release of any person described in subsection (b) who is being detained or imprisoned by, on behalf of, or at the request of the International Criminal Court.

The definitions of the people described in subsection b are:

  1. COVERED ALLIED PERSONS.—The term ‘‘covered allied persons’’ means military personnel, elected or appointed officials, and other persons employed by or working on behalf of the government of a NATO member country, a major non-NATO ally (including Australia, Egypt, Israel, Japan, Jordan, Argentina, the Republic of Korea, and New Zealand), or Taiwan, for so long as that government is not a party to the Inter-national Criminal Court and wishes its officials and other persons working on its behalf to be exempted from the jurisdiction of the International Criminal Court.

(4) COVERED UNITED STATES PERSONS.—The term ‘‘covered United States persons’’ means members of the Armed Forces of the United States, elected or appointed officials of the United States Government, and other persons employed by or working on behalf of the United States Government, for so long as the United States is not a party to the International Criminal Court.

Anyone who assisted the investigation or arrest by supplying information or funding would be breaking US law.

[-] Rat_in_a_hat@lemmy.ca 30 points 2 days ago* (last edited 2 days ago)

Israel isn't a member of the ICC but there is still a warrant out for Bibi. Member countries have to abide by the rules of the court. So if Trump travels to France, he can be arrested, even though the US is not a member

[-] mkwt@lemmy.world 4 points 2 days ago* (last edited 2 days ago)

The Netanyahu arrest warrant is controversial because of the jurisdiction issue.

Here's what Wikipedia says about the ICC's jurisdiction:

The ICC can generally exercise jurisdiction in cases where the accused is a national of a state party, the alleged crime took place on the territory of a state party, or a situation is referred to the Court by the United Nations Security Council.

If Israel is not a state party to the ICC, there are two remaining possibilities that I can see:

  • the court is acting on referral from the UNSC (I haven't heard of such a thing, and it seems like the US would veto).
  • the court is claiming that Palestine is a state party to the court. In order to make this claim, one must first also establish that Palestine is a state.

And in fact, France took the position that it would not enforce the warrant because the court lacks jurisdiction.

EDIT: I finally found a source on the ICC's position on this jurisdiction question. The ICC ruling is that the state of Palestine signed onto the Rome Statute in 2015, and the ICC accepted Palestine's membership in 2021. And that this gives ICC jurisdiction within the territory of the West Bank and Gaza going back to 2014.

The 2021 court ruling explicitly determined that Palestine is a state.

[-] Arcanepotato@crazypeople.online 6 points 2 days ago* (last edited 2 days ago)

And in fact, France took the position that it would not enforce the warrant because the court lacks jurisdiction.

The article says France says it's about jurisdiction, but specifically about the idea that a head of state has diplomatic immunity.

If Israel was a signatory that argument couldn't apply because they would have agreed to be subject to the ICC.

Eta more context: https://www.lemonde.fr/en/international/article/2024/11/28/why-france-offered-netanyahu-concessions-over-icc-arrest-warrant_6734435_4.html

According to corroborating sources, this statement was meant to avoid severing ties with the Israeli prime minister, who contested the role of mediator claimed by Paris in the search for a hard-fought ceasefire in Lebanon, announced on Tuesday evening by Joe Biden and Emmanuel Macron.

[-] Rat_in_a_hat@lemmy.ca 3 points 2 days ago

And in fact, France took the position that it would not enforce the warrant because the court lacks jurisdiction.

That same article says that they are required to enforce it

Is Netanyahu immune from the ICC arrest warrants as France claims? No.

And says

The French argument appears to centre around Article 98 of the Rome Statute.....Some 124 countries have ratified the Rome Statute, but Israel is not a signatory.

It's funny that France says Israel hasn't signed onto the ICC and is therefore immune based of the Rome Statute...but Israel hasn't signed onto the Rome Statute either, so it doesn't apply.

Regardless of France's pussyfooting, the ICC says that members have an obligation to adhere to the warrants.

[-] Arcanepotato@crazypeople.online 2 points 2 days ago* (last edited 2 days ago)

I mention not being a party to the ICC to introduce the US law that makes supporting the ICC illegal. If Trump was arrested, he could expect military intervention.

If it was France who arrested him, they could expect that the US would revisit the exception to section 2007, which allows NATO to exist. Otherwise, military assistance to nations that are party to the ICC is prohibited (with a few other exceptions listed).

[-] Jhex@lemmy.world 6 points 2 days ago

Anyone who assisted the investigation or arrest by supplying information or funding would be breaking US law

Well "US Law" means nothing these days... it's down there with "thoughts and prayers" and "no, that dress doesn't make you look fat"

[-] Arcanepotato@crazypeople.online 3 points 2 days ago

I don't follow your argument. I think you are saying the current government does not respect US law in their quest to achieve their goals. If their leader was arrested, do you think they would just be chill about it?

[-] Jhex@lemmy.world 4 points 2 days ago

No, I was not making an argument. I was just trash talking the USA as the lawless dumpster it has become

[-] tirateimas@lemmy.pt 3 points 2 days ago

I'm pretty sure the same applies for Russia and Israel, and yet the ICC is after their presidents for breaking "other laws".

[-] Arcanepotato@crazypeople.online 5 points 2 days ago

The warrant for Putin is with respect to crimes in Ukraine. Ukraine is not a member, but gave authorization to the ICC to investigate certain crimes, and agreed to cooperate.

The warrant for Netanyahu is via Palestine, who is a member.

The Rome Statute makes activities in signatory nations part of their jurisdiction, which is part of the reason the law I mentioned was enacted.

this post was submitted on 21 Sep 2026
371 points (99.5% liked)

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