A former National Security Council official has joined the chorus of critics calling for the defunding of the International Criminal Court (ICC), denouncing it as a "kangaroo court" and warning that the US could face prosecution if it does not distance itself. The latest salvo against the ICC comes as its chief prosecutor seeks arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant for alleged war crimes committed during conflicts with Hamas.
Former National Security Council official Richard Goldberg has joined the chorus of critics calling for the defunding of the International Criminal Court (ICC), denouncing it as a "kangaroo court" and warning that the US could face prosecution if it does not distance itself from the organization. Goldberg's comments come amidst growing concern over the ICC's recent actions, particularly its pursuit of charges against Israeli leaders.
Goldberg's condemnation of the ICC stems from the British chief prosecutor Karim Khan's academic essay published in 2013. In the essay, Khan expressed concerns about the ICC's ability to provide due process to defendants and criticized its evidentiary rules. Khan has since been appointed as the ICC's chief prosecutor, leading to accusations that he is using his position to pursue a vendetta against Israel.
The Middle East Media Research Institute (MEMRI) has analyzed key elements of Khan's academic paper, highlighting passages that question the impartiality of the ICC and its ability to deliver justice. MEMRI founder and president Yigal Carmon argues that Khan's essay reveals the "fundamental flaws" of the ICC and its inability to guarantee fair trials.
According to Khan, the ICC allows prosecutors to submit and rely on anonymous summaries of witness evidence, which may lack substance or coherence. This, he argues, denies defendants the opportunity to cross-examine witnesses and adequately defend themselves.
Khan also criticized the heightened publicity surrounding ICC cases, arguing that it creates a biased atmosphere that undermines the defendant's right to a fair trial. He cited the assistance of well-financed civil-society groups and international media as factors that contribute to a distorted perception of guilt before the client even appears in court.
Khan further noted deficiencies with the ICC's evidentiary rules, highlighting the lower standard of proof required at the confirmation stage compared to the beyond-a-reasonable-doubt standard required for a conviction. He argued that this creates a bias against the defendant and makes it easier for prosecutors to obtain arrest warrants based on insufficient evidence.
The ICC's pursuit of charges against Israeli leaders has drawn widespread condemnation from Israel and its allies. Israeli Prime Minister Benjamin Netanyahu has denounced the arrest warrants as a "travesty of justice" and accused the ICC of antisemitism.
The Trump administration withdrew the US from the ICC in 2018, citing concerns over its jurisdiction over American citizens. However, President Biden has expressed a willingness to re-engage with the ICC, raising concerns that the US could face prosecution for alleged war crimes committed in Afghanistan and elsewhere.
Goldberg warned that if the US does not distance itself from the ICC, it could face similar charges. He urged the Biden administration to "defund this kangaroo court" and prevent it from "prosecuting our brave soldiers and diplomats."
The debate over the ICC's legitimacy is likely to continue, with critics calling for its reform or abolition. The recent actions of the ICC have raised serious questions about its impartiality and ability to ensure fair trials, prompting concerns that it is being used as a political tool against sovereign nations.
