mead cohen berger shevtsova garfinkle michta grygiel blankenhorn bayles
Liberal Disorder
The ICC’s Credibility Crisis Laid Bare
Features Icon
show comments
  • QET

    But that does not change the fact that such institutions need to be embedded in a credible power structure.

    That power structure is known as sovereignty. The ICC is a project conceived in the ressentiment of powerless professors of “international law” (quotes intended to convey that this concept is pure fiction). Anyone who read Telford Taylor’s book on the Nuremberg tribunals cannot fail to be impressed–and not in a good way–by the facile and cavalier manner in which the tribunal architects, particularly Justice Jackson, admitted to simply making up the content of the so-called “international law” that was to be charged against the defendants. The fact is, though, that the Nuremberg tribunals were intentionally designed to present the appearance of impartial justice (one really should say, Justice) meted out by powers who were then in fact sovereign, having come into that sovereignty by 5 years of military action and the sacrifice of millions of their own soldiers. That is what gave the Allies the right to administer their own ideas of Justice, not any “international law.”

    If the West desires to administer “justice” to African warlords and even to American Presidents, it will not do so by the fig leaf of an “international court” applying “international law” but by application of power that emanates from sovereignty over the would-be defendants. And to obtain that sovereignty, the West would have to do what it publicly protests it abhors beyond anything else.

© The American Interest LLC 2005-2017 About Us Masthead Submissions Advertise Customer Service