War Crimes and War Criminals: Who Will Be Held Accountable?
July 25, 2020
“terrorism.” Terror attacks de facto permit a carte blanche response, allowing virtually anything as retaliation against the parties involved or countries that support them, including the assassination of foreign government officials. But for the attacker, whose perspective is quite different, the incident often could reasonably be described as legitimate resistance to a foreign occupier and much of the world might agree with that assessment.
So, it all comes down to definitions. The United States covers its version of reality through liberal use of the Authorization for Use of Military Force (AUMF) which more-or-less gives a blanket approval to attack and kill “terrorists” anywhere at any time. And how does one become a terrorist? By being included on the U.S. government’s heavily politicized annual list of terrorist groups and material supporters of terrorism. That was the argument that was used by the United States when it killed Iranian General Qassem Soleimani in January, that his organization, the Qods Force, was on the “terrorist” lists maintained by State and the Treasury Department and he was therefore held to be guilty of any and all attacks on U.S. military carried out by Qods or by presumed Iranian surrogate militias.
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The case made to justify killing Soleimani was considered deeply flawed at the time it took place. Because the United States says something is legal due to a law Congress has passed does not make it so, just as most of the world would consider the U.S. profile killings by drone in Afghanistan and elsewhere, based on nothing more than the assumption that someone on the ground might be a “terrorist,” to be little more than war crimes.
It has recently been revealed that the Trump Administration has issued a so-called “finding” to authorize the CIA to conduct more aggressive cyberattacks against infrastructure and other targets in countries that are considered to be unfriendly. The finding specifically named Iran, North Korea, China and Russia as approved targets and it is of particular interest because it basically left it up to the Agency to decide whom to attack and to what degree. As Washington is not at war with any of the countries named and is essentially seeking to damage their economies directly, the activity undertaken by CIA has constituted acts of war and, by widely accepted legal definition, attacks on countries that are not actually threatening are war crimes.
To counter the negative publicity about Trump Administration actions and to establish a possible casus belli, Washington has been floating numerous stories alleging Iranian, Russian and Chinese “aggression.” The ridiculous story about Russia paying Afghans bounties to kill American soldiers was quickly debunked, so the White House and the captive media are now alleging that Moscow hacker/spies are seeking to steal proprietary information dealing with the development of a coronavirus vaccine. The agitprop coming out of Washington to blame Russia for nearly everything notwithstanding, opinion polls suggest that most of the world considers Washington to be the primary source of global instability, rejecting the assertion by Secretary of State Mike Pompeo that the U.S. is a “force for good.”
So, it is reasonable to suggest that the United States has been guilty of many war crimes in the past twenty years and has only been shielded from the consequences due to its ability to control the message combined with its power in international fora and its unwillingness to cooperate with the International Criminal Court (ICC) in the Hague.
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But the willingness of the international community to look the other way in support of the war crimes double standard appears to be changing. The ICC, which has had its investigators denied entry to the United States, has been investigating Israeli war crimes even as it also looks at developments in Afghanistan and Iraq involving U.S. forces. Trump’s ban on entry by ICC personnel includes their families even if they are American citizens and it also protects Israel in that ICC investigators looking into the possible war crimes committed by Israeli Defense Force (IDF) soldiers and officers as well as the relevant Jewish state’s government officials will also be sanctioned and denied entry into the U.S. In practical terms, the Trump Administration is declaring that IDF and U.S. soldiers will be regarded as one and the same as they relate to dealings with the ICC, a conceit that is little known to the American public.
The Israelis have responded to the threat from the ICC by compiling a secret list of government officials and military officers who might be subject to ICC issued arrest warrants if they travel in Europe for war crimes committed in Lebanon and Syria as well as of crimes against humanity directed against Palestinians. The list reportedly includes between 200 and 300 names.
That Israel is making a list of people who might be vulnerable to accusations of having possibly committed war crimes is a de facto admission by the government that such crimes were in fact committed. The ICC will soon decide whether to move on the December request by ICC Prosecutor Fatou Bensouda to investigate both Israel and Hamas over suspicions of war crimes in Gaza and Jerusalem as well as on the occupied West Bank beginning in 2014. The investigation would include “crimes allegedly committed in relation to the use by members of the IDF of non-lethal and lethal means against persons participating in demonstrations beginning in March 2018 near the border fence between the Gaza Strip and Israel, which reportedly resulted in the killing of over 200 individuals, including over 40 children, and the wounding of thousands of others.”
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Given the time frame, Israeli government officials and military officers would likely be the first to face scrutiny by investigators. According to Haaretz, the list would almost certainly include “Prime Minister Benjamin Netanyahu; former defense ministers Moshe Ya’alon, Avigdor Lieberman and Naftali Bennett; former Israel Defense Forces chiefs of staff Benny Gantz and Gadi Eisenkot, and current Chief of Staff Aviv Kochavi; and the former and current heads of the Shin Bet security service, Yoram Cohen and Nadav Argaman, respectively.”
One wonders who would be included on a comparable list for the United States. There are a lot of lying politicians and sly generals to choose from. As both Israel and the United States do not recognize the authority of the ICC and will almost certainly refuse to participate in any fashion if the charges of war crimes and crimes against humanity ever actually make it to the court, any discussion of lists are at this point merely travel advisories for war criminals. The United States will push back and will inter alia certainly attempt to discredit the court using whatever weapons are available, to include sanctions against the nations that support any investigation and trial.
One nevertheless has to hope that the court will persevere in its effort to expose the crimes that continue to be committed by the U.S. and Israel in both Palestine and Afghanistan. Embarrassing Washington and Jerusalem in a very visible and highly respected international forum might be the only way to change the direction of the two nations that more than any other insist that “might makes right.”
The views of individual contributors do not necessarily represent those of the Strategic Culture Foundation.
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