Politicians who go out of their way, it has become business as usual

Dhe Chief Prosecutor of the International Criminal Court, Karim Khan, has been threatened by twelve American senators. That threat was not conveyed through mysterious channels or crumpled notes with letters traditionally cut from the newspaper, but with an official letter.

The twelve senators are angry about the chief prosecutor’s investigation into possible war crimes in Gaza that were allegedly committed under the responsibility of Israeli officials. The chief prosecutor is also investigating possible war crimes committed by Hamas and, in that context, has been received by Israel in the kibbutzim and the festival site where the terrorist attacks took place on October 7. The senators would rather leave out that part of the investigation, otherwise it would seem as if the chief prosecutor was just doing his job.

After rumors spread about an impending arrest warrant against Netanyahu, the senators decided to take action. Not by tiring himself with substantive arguments about the how and why of an investigation by the International Criminal Court, but by dropping the following message on Khan’s doorstep:

“If you issue an arrest warrant for the Israeli leadership, we will view it as a threat not only to Israeli sovereignty but also to the sovereignty of the United States. (…) Target Israel, and we will target you. If you implement the measures outlined in the report, we will take steps to end all U.S. support for the International Criminal Court, impose sanctions on your employees and associates, and deny you and your family members access to the United States. You have been warned.’

It remains remarkable: we live in an era in which you can openly, without any restraint and in the crudest way, disregard basic norms, rules and institutions, without this causing (insurmountable) problems. On the contrary, the most chilling consequence of such behavior is growing popularity. In America you can even become president with it, a phenomenon that we now view with recognition on this side of the ocean.

What does it mean when US members of the Senate threaten an international court? And does it make any difference if one of the letter writers, Tim Scott, were considered by Trump (77 years old) for vice president?

In any case, it means this: as a representative you can threaten members of judicial institutions (and their family members) and then continue with your daily activities. Politicians who go out of their way, that’s what it is business as usual become.

The balancing act in Western democracies between state powers is becoming increasingly out of balance. A healthy balance of power involves a certain tension; Balance is not achieved in a static position but through a continuous and active search. You may sometimes wobble.

We have passed that stage, we are now looking for a soft landing. Judicial institutions are being undermined at national, European and international levels. Politicians who are guilty of this continue to receive votes, which creates a feeling of untouchability. As long as someone thinks they are speaking on behalf of ‘the people’, anyone who doesn’t like it can be dismissed. In the meantime, the people are shouting louder and louder. On highways, on tractors, on college campuses. Apparently the people are not represented that well.

Friday https://twitter.com/IntlCrimCourt/status/1786316229688414518?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1786316229688414518%7Ctwgr%5Eeda1be8c43339ecc0d99ca4413d458d0eec200b9%7Ctwcon%5Es1_&ref_url=https%3A%2F%2Farticle-editor.dnr.persgroep.net%2Farticles%2F19486383%2F1%2Flatest%3Ftheme%3Diframe with a statement in which he once again explains in detail what he stands for. Always rejecting intimidation and remaining imperturbable before judicial institutions; that is especially necessary business as usual become.