Dictators and U.N. Standards The International Criminal Court decides to pick on Jordan.
https://www.wsj.com/articles/dictators-and-u-n-standards-1513297112
The U.S. has never joined the International Criminal Court in the Hague, and the court’s strange attack on Jordan this week explains why. The court said it will refer Jordan to the United Nations Security Council for failing to arrest Sudanese President Omar al-Bashir after years of giving other countries a pass.
Jordan is one of 123 countries that have joined the ICC since it came into force 15 years ago, and the Hashemite Kingdom may now regret it. Parties grant the court jurisdiction over war crimes, genocide or crimes against humanity, and members are obligated to act on its international arrest warrants. Sudan isn’t a party, but the Security Council can ask the court to investigate crimes there. In 2009 the ICC issued an arrest warrant for the Sudanese president for his manifest depredations in the country’s Darfur region.
This was mostly grandstanding, since the U.N. has done nothing to enforce its warrant. Bashir was traveling in the Middle East within months of the warrant, and he has flown across Africa in recent years without ICC intervention. No other country has earned a referral from the ICC over Bashir.
Yet suddenly the court has decided to make an example of Jordan, which in March hosted an Arab League summit that Bashir attended. This is a strange way to treat a country that has absorbed and cared for millions of Syrian refugees and punched above its weight in the fight against Islamic State. Jordan has a law that protects visiting heads of state on its soil, and its National Assembly is already crafting a legal challenge to the ICC’s decision.
All of which points to the ICC’s arbitrary power, which answers to no political authority beyond its own legal whim. It can pursue its cases without regard for larger security or political interests, such as Jordan’s crucial role as a moderating force in the region. Bashir is a bad dude, but he has improved his behavior in recent years and cooperated with the U.S. in fighting terrorism. Presidents Obama and Trump both loosened sanctions on Sudan.
Absent Security Council action, the referral will go nowhere. But it presents an opportunity for the U.S. to do a favor for a Middle East ally by vowing to veto any punishment against Jordan. If the ICC can arbitrarily harass Jordan, the U.S. and Israel will surely become targets.
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