Their Rules-Based International Order Is the Rule of the Mafia
Ana Segovia (Mexico), Huapango Torero (‘Huapango Bullfighter’), 2019.
The skin is the largest organ of the human body. It covers our entire surface, at some points only as thin as a piece of paper and at other points about half as thick as a credit card. The skin, which protects us from all manner of germs and other harmful elements, is fragile and unable to defend humans from the dangerous weapons we have made over time. The ancient blunt axe will break the skin with a heavy blow, while a 2000-pound MK-84 ‘dumb bomb’ made by General Dynamics will not only obliterate the skin, but the entire human body.
Despite a 24 May order from the International Court of Justice (ICJ), the Israeli military continues to bomb the southern part of Gaza, particularly the city of Rafah. In blatant disregard of the ICJ’s order, on 27 May Israel struck a tent city in Rafah and murdered forty-five civilians. US President Joe Biden said on 9 March that an Israeli attack on Rafah would be his ‘red line’, but – even after this tent massacre – the Biden administration has insisted that no such line has been violated.
At a press conference on 28 May, communications advisor to the US National Security Agency John Kirby was asked how the US would respond if a strike by the US armed forces killed forty-five civilians and injured two hundred others. Kirby responded: ‘We have conducted airstrikes in places like Iraq and Afghanistan, where tragically we caused civilian casualties. We did the same thing’. To defend Israel’s latest massacre, Washington has chosen to make a startling admission. Given that the ICJ has ruled that it is ‘plausible’ that Israel is conducting a genocide in Gaza, could it be said that the US is guilty of the same in Iraq and Afghanistan?
Ficre Ghebreyesus (Eritrea), Map/Quilt, 1999.
In 2006, the International Criminal Court (ICC) began to assess the possibility of war crimes in Iraq and Afghanistan, and then, in 2014 and 2017, respectively, opened formal investigations into crimes committed in both countries. However, neither Israel nor the United States are signatories to the 2002 Rome Statute, which established the ICC. Rather than sign the statute, the US Congress passed the American Service-Members’ Protection Act – known informally as the ‘Hague Invasion Act’ – which legally authorises the US government to ‘use all means necessary’ to protect its troops from ICC prosecutors. Since Article 98 of the Rome Statute does not require states to turn over wanted personnel to a third party if they have signed an immunity agreement with that party, the US government has encouraged states to sign ‘Article 98 agreements’ to give its troops immunity from prosecution. Still, this did not deter ICC Prosecutor Fatou Bensouda (who held the post from 2012–2021) from studying evidence and issuing a preliminary report in 2016 on war crimes in Afghanistan.
Afghanistan joined the ICC in 2003, giving the ICC and Bensouda jurisdiction to conduct their investigation. Even though it signed an Article 98 agreement with Afghanistan in 2002, the US government fervently attacked the ICC’s investigation and warned Bensouda and her family that they would face personal repercussions if she continued with the investigation. In April 2019, the US revoked Bensouda’s entry visa. Days later, a panel of ICC judges ruled against Bensouda’s request to proceed with a war crimes investigation in Afghanistan, stating that such an investigation would ‘not serve the interests of justice’.
Staff at the ICC were dismayed by the court’s decision and eager to challenge it but could not get support from the justices. In June 2019, Bensouda filed a request to appeal the ICC’s decision not to pursue the investigation into war crimes in Afghanistan. Bensouda’s appeal was joined by various groups from Afghanistan, including the Afghan Victims’ Families Association and the Afghanistan Forensic Science Organisation. In September 2019, the Pre-Trial Chamber of the ICC ruled that the appeal could go forward.
Dawn Okoro (Nigeria), Doing It, 2017.
The US government was enraged. On 11 June 2020, US President Donald Trump signed Executive Order 13928, which authorised his government to freeze ICC officials’ assets and ban them and their families from entering the United States. In September 2020, the US imposed sanctions on Bensouda, a national of Gambia, and senior ICC diplomat Phakiso Mochochoko, a national of Lesotho. The American Bar Association condemned these sanctions, but they were not revoked.
The US government eventually repealed the sanctions in April 2021, after Bensouda left her post and was replaced by the British lawyer Karim Khan in February 2021. In September 2021, ICC Prosecutor Karim Khan said that while his office would continue to investigate war crimes by the Taliban and the Islamic State in Afghanistan, it would ‘deprioritise other aspects of this investigation’. This awkward phrasing simply meant that the ICC would no longer investigate war crimes committed by the United States and its allies from the North Atlantic Treaty Organisation. The ICC had been sufficiently brought to heel.
Alexander Nikolaev, also known as Usto Mumin (Soviet Union), Friendship, Love, Eternity, 1928.
Prosecutor Khan again demonstrated his partial application of justice and fealty to the Global North ruling elites when he rushed into the conflict in Ukraine and began an investigation into war crimes by Russia just four days after its invasion in February 2022. Within a year, Khan would apply for warrants for the arrest of Russian President Vladimir Putin and his Commissioner for Children’s Rights Maria Lvova-Belova, which were issued in March 2023. Specifically, they were charged with colluding to abduct children from Ukrainian orphanages and children’s care homes and take them to Russia, where – it was alleged – these children were ‘given for adoption’. Ukraine, Khan said, ‘is a crime scene’.
Khan would use no such words when it came to Israel’s murderous assault on Palestinians in Gaza. Even after more than 15,000 Palestinian children had been killed (rather than ‘adopted’ from a war zone), Khan failed to pursue warrants for the arrest of Israeli Prime Minister Benjamin Netanyahu and his military subordinates. When Khan visited Israel in November–December 2023, he warned about ‘excesses’ but suggested that since ‘Israel has trained lawyers who advise commanders’, they could prevent any horrendous violations of international humanitarian law.
Ayoub Emdadian (Iran), The Sapling of Liberty, 1973.
By May 2024, the sheer scale of Israel’s brutality in Gaza finally forced the ICC to take up the issue. The orders from the ICJ, the outrage expressed by numerous governments of the Global South, and the cascading protests in country after country together motivated the ICC to act. On 20 May, Khan held a press conference where he said that he filed applications for the arrest of Hamas leaders Yahya Sinwar, Mohammed Diab Ibrahim al-Masri, and Ismail Haniyeh and Israeli Prime Minister Netanyahu and his head of military, Yoav Gallant. Israel’s Attorney General Gali Baharav-Miara said that the ICC accusations against Netanyahu and Gallant are ‘baseless’ and that Israel will not comply with any ICC warrant. For decades now, Israel – like the United States – has rejected any attempt to apply international humanitarian law to its actions. The ‘rules-based international order’ has always provided immunity for the United States and its close allies, an immunity whose hypocrisy has increasingly been revealed. It is this double-standard that has provoked the collapse of the US-driven world order.
Buried within Khan’s press statement is an interesting fragment: ‘I insist that all attempts to impede, intimidate, or improperly influence the officials of this Court must cease immediately’. Eight days later, on 20 May, The Guardian – in collaboration with other periodicals – published an investigation that revealed Israel’s use of ‘intelligence agencies to surveil, hack, pressure, smear, and allegedly threaten senior ICC staff in an effort to derail the court’s inquiries’. Yossi Cohen, the former head of Israel’s spy agency, Mossad, personally harassed and threatened Bensouda (Khan’s predecessor), warning her, ‘You don’t want to be getting into things that could compromise your security or that of your family’. Furthermore, The Guardian noted that ‘Between 2019 and 2020, the Mossad had been actively seeking compromising information on the prosecutor and took an interest in her family members’. ‘Took an interest’ is a euphemistic way of saying gathered information on her family – including through a sting operation against her husband Philip Bensouda – to blackmail and frighten her. These are clichéd mafia tactics.
Hamed Abdalla (Egypt), Conscience du sol (‘The Consciousness of the Earth’), 1956.
As I followed these stories of the blood and law, I read the poems of Chechnya-born Jazra Khaleed, writing in Greek in Athens. His poem ‘Black Lips’ stopped me in my tracks, the last stanzas powerful and bleak:
Come let me make you human,
you, Your Honor, who wipe guilt from your beard
you, esteemed journalist, who tout death
you, philanthropic lady, who pat children’s heads without bending down
and you who read this poem, licking your finger—
To all of you I offer my body for genuflection
Believe me
one day you will adore me like Christ
But I’m sorry for you sir—
I do not negotiate with chartered accountants of words
with art critics who eat from my hand
You may, if you desire, wash my feet
Don’t take it personally
Why do I need bullets if there are so many words
prepared to die for me?
Which words are slowly dying? Justice, perhaps, or even humanitarianism? So many words are thrown about to assuage the guilty and to confuse the innocent. But these words cannot muffle other words, words that describe horrors and that demand redress.
Words are important. So are people, such as Gustavo Cortiñas, who was arrested by the Argentinian military dictatorship on 15 April 1977, never to be seen again. He became one of the 30,000 people whom the military killed between 1976 and 1983. On April 30, two weeks after Gustavo was arrested, his mother, Nora Cortiñas (or Norita, as she was lovingly known), joined other mothers of the disappeared to protest in front of the government house Casa Rosada, at the Plaza de Mayo in Buenos Aires, the first in what became a regular feature.
Norita was a co-founder of the Mothers of the Plaza de Mayo, which courageously shattered the wall of misleading words that tumbled out of the mouths of the military Junta. Though her son was never found, Norita found her voice looking for him – a voice that was heard at every protest for justice and spoke with great feeling about the pain in the world until the weeks leading up to her death on 31 May. ‘We say no to the annexation of Palestine’, she said in a video message in 2020. ‘We oppose any measure that tends to erase the identity and existence of the Palestinian people’.
Norita leaves us with her precious words:
Many years from now, I would like to be remembered as a woman who gave her all so that we could have a more dignified life… I would like to be remembered with that cry that I always say and that means everything I feel inside me, that means the hope that someday that other possible world will exist. A world for everyone. So, I would like to be remembered with a smile and for shouting loudly: venceremos, venceremos, venceremos! We will win, we will win, we will win!
See also “What is the Rules-Based Order?“
Ana Segovia (Mexico), Huapango Torero (‘Huapango Bullfighter’), 2019.
The skin is the largest organ of the human body. It covers our entire surface, at some points only as thin as a piece of paper and at other points about half as thick as a credit card. The skin, which protects us from all manner of germs and other harmful elements, is fragile and unable to defend humans from the dangerous weapons we have made over time. The ancient blunt axe will break the skin with a heavy blow, while a 2000-pound MK-84 ‘dumb bomb’ made by General Dynamics will not only obliterate the skin, but the entire human body.
Despite a 24 May order from the International Court of Justice (ICJ), the Israeli military continues to bomb the southern part of Gaza, particularly the city of Rafah. In blatant disregard of the ICJ’s order, on 27 May Israel struck a tent city in Rafah and murdered forty-five civilians. US President Joe Biden said on 9 March that an Israeli attack on Rafah would be his ‘red line’, but – even after this tent massacre – the Biden administration has insisted that no such line has been violated.
At a press conference on 28 May, communications advisor to the US National Security Agency John Kirby was asked how the US would respond if a strike by the US armed forces killed forty-five civilians and injured two hundred others. Kirby responded: ‘We have conducted airstrikes in places like Iraq and Afghanistan, where tragically we caused civilian casualties. We did the same thing’. To defend Israel’s latest massacre, Washington has chosen to make a startling admission. Given that the ICJ has ruled that it is ‘plausible’ that Israel is conducting a genocide in Gaza, could it be said that the US is guilty of the same in Iraq and Afghanistan?
Ficre Ghebreyesus (Eritrea), Map/Quilt, 1999.
In 2006, the International Criminal Court (ICC) began to assess the possibility of war crimes in Iraq and Afghanistan, and then, in 2014 and 2017, respectively, opened formal investigations into crimes committed in both countries. However, neither Israel nor the United States are signatories to the 2002 Rome Statute, which established the ICC. Rather than sign the statute, the US Congress passed the American Service-Members’ Protection Act – known informally as the ‘Hague Invasion Act’ – which legally authorises the US government to ‘use all means necessary’ to protect its troops from ICC prosecutors. Since Article 98 of the Rome Statute does not require states to turn over wanted personnel to a third party if they have signed an immunity agreement with that party, the US government has encouraged states to sign ‘Article 98 agreements’ to give its troops immunity from prosecution. Still, this did not deter ICC Prosecutor Fatou Bensouda (who held the post from 2012–2021) from studying evidence and issuing a preliminary report in 2016 on war crimes in Afghanistan.
Afghanistan joined the ICC in 2003, giving the ICC and Bensouda jurisdiction to conduct their investigation. Even though it signed an Article 98 agreement with Afghanistan in 2002, the US government fervently attacked the ICC’s investigation and warned Bensouda and her family that they would face personal repercussions if she continued with the investigation. In April 2019, the US revoked Bensouda’s entry visa. Days later, a panel of ICC judges ruled against Bensouda’s request to proceed with a war crimes investigation in Afghanistan, stating that such an investigation would ‘not serve the interests of justice’.
Staff at the ICC were dismayed by the court’s decision and eager to challenge it but could not get support from the justices. In June 2019, Bensouda filed a request to appeal the ICC’s decision not to pursue the investigation into war crimes in Afghanistan. Bensouda’s appeal was joined by various groups from Afghanistan, including the Afghan Victims’ Families Association and the Afghanistan Forensic Science Organisation. In September 2019, the Pre-Trial Chamber of the ICC ruled that the appeal could go forward.
Dawn Okoro (Nigeria), Doing It, 2017.
The US government was enraged. On 11 June 2020, US President Donald Trump signed Executive Order 13928, which authorised his government to freeze ICC officials’ assets and ban them and their families from entering the United States. In September 2020, the US imposed sanctions on Bensouda, a national of Gambia, and senior ICC diplomat Phakiso Mochochoko, a national of Lesotho. The American Bar Association condemned these sanctions, but they were not revoked.
The US government eventually repealed the sanctions in April 2021, after Bensouda left her post and was replaced by the British lawyer Karim Khan in February 2021. In September 2021, ICC Prosecutor Karim Khan said that while his office would continue to investigate war crimes by the Taliban and the Islamic State in Afghanistan, it would ‘deprioritise other aspects of this investigation’. This awkward phrasing simply meant that the ICC would no longer investigate war crimes committed by the United States and its allies from the North Atlantic Treaty Organisation. The ICC had been sufficiently brought to heel.
Alexander Nikolaev, also known as Usto Mumin (Soviet Union), Friendship, Love, Eternity, 1928.
Prosecutor Khan again demonstrated his partial application of justice and fealty to the Global North ruling elites when he rushed into the conflict in Ukraine and began an investigation into war crimes by Russia just four days after its invasion in February 2022. Within a year, Khan would apply for warrants for the arrest of Russian President Vladimir Putin and his Commissioner for Children’s Rights Maria Lvova-Belova, which were issued in March 2023. Specifically, they were charged with colluding to abduct children from Ukrainian orphanages and children’s care homes and take them to Russia, where – it was alleged – these children were ‘given for adoption’. Ukraine, Khan said, ‘is a crime scene’.
Khan would use no such words when it came to Israel’s murderous assault on Palestinians in Gaza. Even after more than 15,000 Palestinian children had been killed (rather than ‘adopted’ from a war zone), Khan failed to pursue warrants for the arrest of Israeli Prime Minister Benjamin Netanyahu and his military subordinates. When Khan visited Israel in November–December 2023, he warned about ‘excesses’ but suggested that since ‘Israel has trained lawyers who advise commanders’, they could prevent any horrendous violations of international humanitarian law.
Ayoub Emdadian (Iran), The Sapling of Liberty, 1973.
By May 2024, the sheer scale of Israel’s brutality in Gaza finally forced the ICC to take up the issue. The orders from the ICJ, the outrage expressed by numerous governments of the Global South, and the cascading protests in country after country together motivated the ICC to act. On 20 May, Khan held a press conference where he said that he filed applications for the arrest of Hamas leaders Yahya Sinwar, Mohammed Diab Ibrahim al-Masri, and Ismail Haniyeh and Israeli Prime Minister Netanyahu and his head of military, Yoav Gallant. Israel’s Attorney General Gali Baharav-Miara said that the ICC accusations against Netanyahu and Gallant are ‘baseless’ and that Israel will not comply with any ICC warrant. For decades now, Israel – like the United States – has rejected any attempt to apply international humanitarian law to its actions. The ‘rules-based international order’ has always provided immunity for the United States and its close allies, an immunity whose hypocrisy has increasingly been revealed. It is this double-standard that has provoked the collapse of the US-driven world order.
Buried within Khan’s press statement is an interesting fragment: ‘I insist that all attempts to impede, intimidate, or improperly influence the officials of this Court must cease immediately’. Eight days later, on 20 May, The Guardian – in collaboration with other periodicals – published an investigation that revealed Israel’s use of ‘intelligence agencies to surveil, hack, pressure, smear, and allegedly threaten senior ICC staff in an effort to derail the court’s inquiries’. Yossi Cohen, the former head of Israel’s spy agency, Mossad, personally harassed and threatened Bensouda (Khan’s predecessor), warning her, ‘You don’t want to be getting into things that could compromise your security or that of your family’. Furthermore, The Guardian noted that ‘Between 2019 and 2020, the Mossad had been actively seeking compromising information on the prosecutor and took an interest in her family members’. ‘Took an interest’ is a euphemistic way of saying gathered information on her family – including through a sting operation against her husband Philip Bensouda – to blackmail and frighten her. These are clichéd mafia tactics.
Hamed Abdalla (Egypt), Conscience du sol (‘The Consciousness of the Earth’), 1956.
As I followed these stories of the blood and law, I read the poems of Chechnya-born Jazra Khaleed, writing in Greek in Athens. His poem ‘Black Lips’ stopped me in my tracks, the last stanzas powerful and bleak:
Come let me make you human,
you, Your Honor, who wipe guilt from your beard
you, esteemed journalist, who tout death
you, philanthropic lady, who pat children’s heads without bending down
and you who read this poem, licking your finger—
To all of you I offer my body for genuflection
Believe me
one day you will adore me like ChristBut I’m sorry for you sir—
I do not negotiate with chartered accountants of words
with art critics who eat from my hand
You may, if you desire, wash my feet
Don’t take it personallyWhy do I need bullets if there are so many words
prepared to die for me?
Which words are slowly dying? Justice, perhaps, or even humanitarianism? So many words are thrown about to assuage the guilty and to confuse the innocent. But these words cannot muffle other words, words that describe horrors and that demand redress.
Words are important. So are people, such as Gustavo Cortiñas, who was arrested by the Argentinian military dictatorship on 15 April 1977, never to be seen again. He became one of the 30,000 people whom the military killed between 1976 and 1983. On April 30, two weeks after Gustavo was arrested, his mother, Nora Cortiñas (or Norita, as she was lovingly known), joined other mothers of the disappeared to protest in front of the government house Casa Rosada, at the Plaza de Mayo in Buenos Aires, the first in what became a regular feature.
Norita was a co-founder of the Mothers of the Plaza de Mayo, which courageously shattered the wall of misleading words that tumbled out of the mouths of the military Junta. Though her son was never found, Norita found her voice looking for him – a voice that was heard at every protest for justice and spoke with great feeling about the pain in the world until the weeks leading up to her death on 31 May. ‘We say no to the annexation of Palestine’, she said in a video message in 2020. ‘We oppose any measure that tends to erase the identity and existence of the Palestinian people’.
Norita leaves us with her precious words:
Many years from now, I would like to be remembered as a woman who gave her all so that we could have a more dignified life… I would like to be remembered with that cry that I always say and that means everything I feel inside me, that means the hope that someday that other possible world will exist. A world for everyone. So, I would like to be remembered with a smile and for shouting loudly: venceremos, venceremos, venceremos! We will win, we will win, we will win!
Israel, Russia, and International Law
International law―the recognized rules of behavior among nations based on customary practices and treaties, among them the United Nations Charter and the Universal Declaration of Human Rights―has been agreed upon by large and small nations alike. To implement this law, the nations of the world have established a UN Security Council (to maintain international peace and security) and a variety of international courts, including the UN’s International Court of Justice (which adjudicates disputes between nations and gives advisory opinions on international legal issues) and the International Criminal Court (which prosecutes individuals for crimes of genocide, crimes against humanity, war crimes, and the crime of aggression).
Yet nations continue to defy international law.
In the ongoing Gaza crisis, the Israeli government has failed to uphold international law by rebuffing the calls of international organizations to end its massive slaughter of Palestinian civilians. The U.S. government has facilitated this behavior by vetoing three UN Security Council resolutions calling for a ceasefire, while the Israeli government has ignored an International Court of Justice ruling that it should head off genocide in Gaza by ensuring sufficient humanitarian assistance to the Palestinian population. The Israeli government has also refused to honor an order by the International Court of Justice to halt its offensive in Rafah and denounced the International Criminal Court’s request for arrest warrants for its top officials.
Russia’s military assault upon Ukraine provides another example of flouting international law. Given the UN Charter’s prohibition of the “use of force against the territorial integrity or political independence of any state,” when Russian military forces seized and annexed Crimea and commenced military operations to gobble up eastern Ukraine in early 2014, the issue came before the UN Security Council, where condemnation of Russia’s action was promptly vetoed by Russia. Similarly, in February 2022, when the Russian government commenced a full-scale invasion of Ukraine, Russia again vetoed Security Council action. That March, the International Court of Justice, by an overwhelming vote, ordered Russia to halt its invasion of Ukraine—but, as usual, to no avail.
Unfortunately, these violations of international law are not unusual for, over many decades, numerous nations have ignored the recognized rules of international conduct.
What is lacking is not international law but, rather, its consistent and universal enforcement. For decades, the five permanent members of the UN Security Council (the United States, Russia, China, Britain, and France) have repeatedly used their veto power in that entity to block UN action to maintain international peace and security. Furthermore, nearly two-thirds of the world’s nations do not accept the compulsory jurisdiction of the International Court of Justice, while more than a third of the world’s nations (including some of the largest, such as Russia, the United States, China, and India) have resisted becoming parties to the International Criminal Court.
Despite such obstacles, these organizations have sometimes played very useful roles in resolving international disputes. The UN Security Council has dispatched numerous peacekeeping missions around the world―including 60 alone in the years since the dissolution of the Soviet Union―that have helped defuse crises in conflict-ridden regions.
For its part, the International Court of Justice (ICJ) paved the way for the Central American Peace Accords during the 1980s through its ruling in Nicaragua v United States, while its ruling in the Nuclear Tests case helped bring an end to nuclear weapons testing in the Pacific. In addition, the ICJ’s ruling in Chad v Libya resolved a territorial dispute between these two nations and ended their military conflict.
Although the International Criminal Court has only been in operation since 2002, it has thus far convicted ten individuals of heinous crimes, issued or requested warrants for the arrest of prominent figures charged with war crimes (including Vladimir Putin, Benjamin Netanyahu, and the leaders of Hamas), and conducted or begun investigations of yet other notorious individuals.
But, of course, as demonstrated by the persistence of wars of aggression and massive violations of human rights, enforcing international law remains a major problem in the contemporary world.
Therefore, if the world is to move beyond national impunity―if it is finally to scrap the long and disgraceful tradition among nations of might makes right―it is necessary to empower the world’s major international organizations to enforce the international law that nations have agreed to respect.
This strengthening of global governance is certainly possible.
Although provisions in the UN Charter make outright abolition of the UN Security Council veto very difficult, other means are available for reducing the veto’s baneful effects. In many cases ―including those of the Ukraine and Gaza conflicts―simply invoking Article 27(3) of the UN Charter would be sufficient, for it states that a party to a dispute before the Security Council shall abstain from voting in connection with that dispute. Furthermore, 124 UN nations have already endorsed a proposal for renunciation of the veto when taking action against genocide, crimes against humanity, and mass atrocities. Moreover, the UN General Assembly has occasionally employed “Uniting for Peace” resolutions to take action when the Security Council has failed to do so.
Improving the effectiveness of the international judicial system has also generated attention in recent years. The LAW Not War campaign, championed by organizations dedicated to improving global governance, advocates strengthening the International Court of Justice, principally by increasing the number of nations accepting the compulsory jurisdiction of the Court. Similarly, the Coalition for the International Criminal Court, representing numerous organizations, calls on all nations to ratify the Court’s founding statute and, thereby, “expand the Court’s reach and reduce the impunity gap.”
National impunity is not inevitable, at least if people and governments of the world are willing to take the necessary actions. Are they? Or will they continue talking of a “rules-based international order” while they avoid enforcing the rules?
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