The redundancy, not to mention the hypocrisy, of the international law regime is hardly any great secret. Just how broken the system has now become was evidenced in recent weeks by two particularly striking rulings. On Thursday Russia and China vetoed the fourth attempt at a United Nations Security Council resolution on Syria’s referral to the International Criminal Court in the Hague. Given Syria’s use of chemical weapons against its own population, and the fact that the death toll in that country now stands at an estimated 162,000, it is unfathomable that a referral to the ICC hasn’t already been accomplished. Yet Syria is not a signatory of the Rome Statute and as such can only be referred to the ICC via the Security Council.
Britain, however, is signed up to the ICC. And, in a striking juxtaposition to the Syrian case, Britain now finds itself under investigation by the ICC for war crimes that the British army is accused of having committed in Iraq between 2003 and 2008. This recent announcement puts the United Kingdom in the company of such rogue states as Libya, Colombia, and Afghanistan. The ICC’s chief prosecutor Fatou Bensouda made the decision after a complaint lodged in January by the Berlin-based NGO the European Center for Constitutional and Human Rights. If Bensouda is not satisfied that Britain is sufficiently investigating the conduct of its own armed forces, then the ICC will move to carry out an investigation against the UK.
Writing for Gatestone last week, Colonel Richard Kemp noted that in previous years Britain has been silent in the face of the double standards and lawfare being waged against Israel at the UN. Kemp reminds us how, unlike America and five other European countries who voted against the Human Rights Council’s decision to endorse the Goldstone Report against Israel, Britain remained silent and simply abstained from voting at all on this matter. To this Kemp invokes the renowned words of German Pastor Martin Niemoeller: “Then they came for the Jews, and I did not speak out— because I was not a Jew. Then they came for me— and there was no one left to speak for me.” Britain remained silent when the utterly duplicitous forces of international law came for the Jewish state, and now Britain finds itself next in line.
Some might be tempted to gloat at this turn of events–at the fact that, unlike Israel and America, the British blindly signed themselves over to the Rome Statute, and that the tables have been turned against the British who failed in their fundamental moral obligations to stand up for Israel against the tyrannies that populate the UN. Yet anyone who cares about the West and about the world’s democracies can’t find anything to be pleased about here. The actions of China and Russia at the Security Council are a stark reminder of the folly that sits at the heart of international law. That is the notion that countries—including those who have no respect for the rule of law within their own borders—will police one another fairly, and not exploit the international law system to advance their own national interests and those of their allies.
The gap between the Utopian delusions of those who constructed the international law regime and the sorry reality of international law in practice could not have been better demonstrated than by the events of the last two weeks. A genocidal regime in Syria now finds itself rendered virtually immune from prosecution while Britain, a country that not only upholds human rights but acted in Iraq to overthrow a human-rights abusing regime, is now being hauled before the scrutinizing eyes of the ICC.