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The Guardian - UK
The Guardian - UK
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Nesrine Malik

In dismissing calls for Netanyahu’s arrest, the west is undermining its own world order

Benjamin Netanyahu, left, and Yoav Gallant at a press conference in the Kirya military base in Tel Aviv,  28 October.
Benjamin Netanyahu, left, and Yoav Gallant at a press conference in the Kirya military base in Tel Aviv, 28 October. Photograph: Reuters

Since its inception, the international criminal court (ICC) has charged 50 people, 47 of whom were African. Its investigations have also been overwhelmingly focused on war crimes and crimes against humanity in African nations. What has long been understood but never stated is that the court and its processes, to put it bluntly, target a certain type of political leadership that is easier to go after. “The court is built for Africans and thugs like Putin,” is what one appalled elected senior leader reportedly told the ICC prosecutor, Karim Khan, when his team made a recent application for arrest warrants for Israel’s prime minister, Benjamin Netanyahu, its defence minister, Yoav Gallant, and three Hamas leaders.

Again, blunt, but not revelatory. At least not to the parts of the world that are more familiar with the court and its investigations. The lineup of suspects and defendants has long solidified the impression below the equator that the ICC is a court for Africans, and lately maybe Russians. How can that not be the takeaway when, in the years since the court was founded, the US – often with British support – has calamitously invaded Iraq and Afghanistan, established an extrajudicial prison for terror suspects, and created a CIA torture and detention network? African conflicts are seen as intimate, tribal and intentional in a way that those in other places are not. The underlying suggestion is that civilians in western wars are killed and illegally detained by accident, while other countries do this on purpose.

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