The Biden situation is predictable and calls into question the strategy behind the ICC arrest warrants.
First things first: neither the Polizio di Stato, the Garda, nor the RCMP are actually going to arrest Sinwar or Netanyahu. The practical impact of the warrants will be (at least in the near term) negligible.
Concurrently: unlike the ICC Genocide case, which is difficult and unlikely to succeed, the ICC war crimes warrants are probably broadly going to be seen as strong and compelling. Reporting has Biden and his team maneuvering for months to keep any kind of supply lines open to Gaza; he knows firsthand that some of these charges have validity.
But the USA is Israel's most important ally; further, reporting suggests that Biden's team has been the only thing between the current situation and abyss that would kill 3-5x as many civilians. That pushback only functions because of soft power (Israel would not depend on US arms suppliers for indiscriminate bulk bombing, massed land incursions, or supply blockades).
What else can Biden say in this situation? He cannot both assent to the validity of the ICC charges and continue negotiating with Israel for things like US-built supply piers on Gaza's seafront. You can't really do diplomacy wth a world leader while at the same time saying (or implying) that they belong in the Hague.
There's a general vibe where people want international justice to work in simple moral terms, where everyone just lays the truth as they understand it out, a tribunal sorts out the details, and the chips fall as they may. But international law absolutely doesn't work that way; for similar reasons, Assad won't be charged by the ICC for killing half a million Syrians (Syria is not a signatory to the ICC).
Once you accept that the court is fundamentally political, you're left asking: are the politics of this move effective? Will they hasten an end to the conflict, or save lives?
Either way: once the warrants were announced, I think you could have taken bets on what Biden (or literally any other American president in the last 50 years, or any major party candidate for the presidency) would have said, and all the money would be on exactly this. We're not signatories to the ICC to begin with!
(I think Netanyahu is a criminal; the Hague is fine with me, though I think it's more likely he'll do his time in Maasiyahu after the Israelis convict him once his coalition falls apart).
First things first: neither the Polizio di Stato, the Garda, nor the RCMP are actually going to arrest Sinwar or Netanyahu. The practical impact of the warrants will be (at least in the near term) negligible.
Concurrently: unlike the ICC Genocide case, which is difficult and unlikely to succeed, the ICC war crimes warrants are probably broadly going to be seen as strong and compelling. Reporting has Biden and his team maneuvering for months to keep any kind of supply lines open to Gaza; he knows firsthand that some of these charges have validity.
But the USA is Israel's most important ally; further, reporting suggests that Biden's team has been the only thing between the current situation and abyss that would kill 3-5x as many civilians. That pushback only functions because of soft power (Israel would not depend on US arms suppliers for indiscriminate bulk bombing, massed land incursions, or supply blockades).
What else can Biden say in this situation? He cannot both assent to the validity of the ICC charges and continue negotiating with Israel for things like US-built supply piers on Gaza's seafront. You can't really do diplomacy wth a world leader while at the same time saying (or implying) that they belong in the Hague.
There's a general vibe where people want international justice to work in simple moral terms, where everyone just lays the truth as they understand it out, a tribunal sorts out the details, and the chips fall as they may. But international law absolutely doesn't work that way; for similar reasons, Assad won't be charged by the ICC for killing half a million Syrians (Syria is not a signatory to the ICC).
Once you accept that the court is fundamentally political, you're left asking: are the politics of this move effective? Will they hasten an end to the conflict, or save lives?
Either way: once the warrants were announced, I think you could have taken bets on what Biden (or literally any other American president in the last 50 years, or any major party candidate for the presidency) would have said, and all the money would be on exactly this. We're not signatories to the ICC to begin with!
(I think Netanyahu is a criminal; the Hague is fine with me, though I think it's more likely he'll do his time in Maasiyahu after the Israelis convict him once his coalition falls apart).