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    Steve Witkoff: from property developer to global spotlight as Trump’s tough-talking troubleshooter

    With the first phase of the ceasefire nearing its end, an American property developer has emerged as a key figure in determining whether Gaza attains a more enduring peace or slips back into war.Steve Witkoff, Donald Trump’s typically idiosyncratic pick as special Middle East envoy, has also found his way into the midst of talks with Russia over Ukraine’s future, sitting opposite Russian foreign minister, Sergey Lavrov, instead of the official special envoy for the region, Keith Kellogg.On both portfolios, Witkoff is technically outranked by the secretary of state, Marco Rubio, but every national capital knows by now that in Trump’s world, power flows through personal connection to the president. Rubio is a former bitter rival turned loyalist, brought into the administration for expediency’s sake. Witkoff and Trump go back nearly 40 years.That is what gives the 67-year-old businessman his clout. America’s interlocutors know he is the genial emissary of a volatile leader capable of swinging from fulsome support to public vituperation in a heartbeat, depending in large part on who has Trump’s ear.Witkoff demonstrated his influence in getting the ceasefire off the ground. On 10 January, Witkoff believed a breakthrough was close, after more than seven months of meandering, inconsequential talks. That Friday evening, he called Benjamin Netanyahu’s office from Doha, where he had been meeting Arab officials, and told the prime minister’s aides that he would be flying to Israel the next day. The aides explained that it would be Saturday and Netanyahu did not do business on the Sabbath, but would gladly meet the American envoy a few hours later, once night had fallen. Witkoff was having none of it and, according to an account in Haaretz newspaper, told them “in salty English that Shabbat was of no interest to him”.View image in fullscreenThe Israeli leader abandoned his Sabbath observance and received Witkoff in his office, where the envoy told him to agree to the ceasefire he had been ducking for so long.“The president has been a great friend of Israel,” Witkoff told Netanyahu, according to the Wall Street Journal, “and now it’s time to be a friend back.”Netanyahu folded immediately, allowing Witkoff to return to Doha to finalise the deal. The prime minister knew the American envoy was speaking for the president, whom he dared not anger.The bond of trust between Trump and Witkoff dates back to a chance encounter and a ham and cheese sandwich in a New York deli nearly four decades ago.Witkoff was born in the Bronx and raised on Long Island, the son of a women’s coat manufacturer. He qualified as a lawyer, and was working on an all-night property deal in 1986 in which Trump was involved.Witkoff had gone to the deli at 3am to get food for his team and Trump was there, hungry but without any cash in his pocket.“I ordered him a ham and Swiss,” Witkoff told a court in 2023, when he was testifying on his friend’s behalf in Trump’s trial for fraud. He did not run into Trump for another eight years, but the tycoon had remembered “the sandwich incident”, and a friendship grew.Trump persuaded Witkoff to graduate from property law to become a developer. Both men moved between New York and Florida, playing prodigious amounts of golf. Witkoff was with Trump on the latter’s West Palm Beach golf course in September, when a would-be assassin was arrested armed with a sniper rifle.Witkoff has also spoken emotionally about the solace he found talking to Trump when one of his sons, Andrew, died from an opioid overdose in 2011.Their long history has instilled a fierce personal loyalty in Witkoff, and in return he is treated almost as family by the president. It is a friendship that predates Trump’s embrace of Christian nationalism and the far right, so Witkoff does not bring the same ideological baggage to his diplomacy as other acolytes. His fealty is to Trump personally, not to Maga.His mostly pleasant and polite manner also stands out in the Trump crowd. Don Peebles, another developer who knows both men well, told the Journalthat Witkoff is “not the kind of negotiator that wants to see blood on the floor before getting the deal done”.After the primary race was over last year, Trump dispatched Witkoff to make peace with his defeated Republican rivals. And Witkoff worked on the Gaza ceasefire with his Biden administration counterpart, Brett McGurk, during the transition in a rare example of bipartisan cooperation.“Brett McGurk was great for the Biden administration,” he recalled. “We worked collaboratively. We were able to convince people that a hostage release was a good thing.”He credits Trump’s son-in-law, Jared Kushner, with persuading him to take on the role of Middle East envoy, a job Kushner performed informally for the first Trump administration.Kushner, another property developer, claimed the job on the basis of his business connections with the Gulf monarchies, but Witkoff, a far warmer personality than his slightly robotic predecessor, has also developed relationships lower down the social scale, particularly with the hostages’ families.“I have a lot of empathy because I lost a child,” he said. “So I talk to these families who have lost children and they want their children’s bodies back as much as the families who have children who are alive.”Witkoff’s focus on the remaining 58 hostages (of which Israeli authorities believe 34 to be already dead) aligns him with majority Israeli opinion in seeking agreement on the second phase of the ceasefire, but on a collision course with Netanyahu and the far right.The next phase will involve the release of many more Palestinians serving life sentences in Israeli prisons and the complete Israeli withdrawal from the Gaza strip. It would be a substantial step towards a lasting peace, which is why Netanyahu is set against it. The right wing of his coalition, which opposed the ceasefire in the first place, threatens to walk out if it moves forward to a second phase without Hamas first being obliterated and the strip opened up to Jewish settlement.View image in fullscreenWitkoff has been publicly insistent that the second phase must get under way, putting the priority of securing the release of the last hostages above anything else. “I think phase two is more difficult,” he said at a conference in Miami on Thursday. But he added: “Everybody is buying into this notion that releasing hostages is just a good thing. It just is something that’s important and ought to happen.”At the conference, organised by a Riyadh-based charitable institute, Witkoff said it was his contacts among the Saudi royals who got him involved in Russian talks.He explained it was the Saudis who “engineered” the release of an American prisoner held by Moscow, through their contacts to Kirill Dmitriev, the head of the Russian sovereign wealth fund.“They felt that there could be a compelling meeting in Russia that might lead to the release of Marc Fogel,” Witkoff said. “We got off the plane, not sure it was going to happen, but it did.”Fogel’s release on 12 February gave Trump an early public relations win, and was enough of a sweetener from Vladimir Putin, to secure a phone call with the new US president the same day that began US-Russian talks about Ukraine, in the absence of Ukrainian representation.Witkoff’s role cemented his standing in Trump’s mind as someone who could get results, leading to his current status as America’s chief troubleshooter. However, enduring peace in Ukraine and the Middle East will ultimately revolve around issues of justice and national sovereignty, terms which Witkoff avoids.When he went to see the devastation in Gaza for himself at the end of January, he said he could not imagine why any Palestinian would want to stay there. The coming weeks may not just test his sway as a Trump emissary, but also the limits of the real estate approach to diplomacy. More

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    Trump’s Gaza takeover won’t happen. But it has already changed the face of Israeli politics | Yair Wallach

    When President Donald Trump issued an ultimatum to Hamas last week to release all hostages by noon on 15 February, warning that otherwise “all hell [will] break loose”, the Israeli right was ecstatic. Here was a chance to finally move ahead with the complete occupation and annihilation of the Gaza Strip. The families of Israeli hostages were petrified about the prospect of the ceasefire collapsing, yet members of the ruling coalition called to kill the deal. “We have international support, give the order!” demanded the Israeli finance minister, Bezalel Smotrich.But the order never came. Hamas abided by the agreement and freed three hostages; Israel then released hundreds of Palestinian prisoners. Trump shrugged and said that it was Israel’s decision. His envoy, Steve Witkoff, who visited Israel on Sunday, signalled that the direction of travel is not towards resuming hostility. Instead, the parties must now move to “substantive” negotiations over the second phase of the ceasefire, he said, leading to peace.In the whirlwind of the last four weeks, it is difficult to make sense of Trump’s approach to the Gaza Strip. On the one hand, the president is widely credited for pushing the parties to a ceasefire agreement, raising hopes among Israelis who want to see a return of the hostages and an end to the war. On the other, Trump embraced the hard-right Israeli vision of ethnically cleansing Gaza, through a forced “relocation” of its 2.2 million Palestinian residents, establishing a US real estate development that would turn the Strip into the “Riviera of the Middle East”.Some suspect this is merely a negotiation ploy that he hopes will pressure Arab states to take responsibility over Gaza, and to force Hamas into relinquishing control and influence. Even if this were the case, Trump’s rhetoric has already damaged international law. For the first time in many decades, the US has publicly proposed the forced displacement of millions of people as a geopolitical solution. As the genocide scholar Dirk Moses recently observed, this may mark the end of the postwar order, which defined such “transfers” of populations as war crimes that were banned by the Geneva conventions. While episodes of forced mass displacement have taken place in the second half of the 20th century, such as those in Yugoslavia or in Syria, these were never endorsed or championed by the White House.The legitimisation of ethnic cleansing could have a lasting impact in Palestine, Israel and beyond. Palestine’s history is instructive: in 1937, the Palestine Royal Commission administered by Britain proposed the forced displacement of over 200,000 Palestinians from the Galilee as part of its partition plan. Mainstream Zionist leaders had long ruled out transfers on this scale as unrealistic. But British backing for this idea gave it legitimacy. David Ben-Gurion, then the leader of the Jewish community in British-ruled Palestine, wrote in his diary: “This is a possibility we did not dream of; that we could not dream of in our wildest imagination.”Ben-Gurion understood that the details of the partition plan mattered far less than the principle of forced mass displacement. In the aftermath of the second world war, “population exchanges” were explicitly or tacitly accepted by the great powers as a necessary evil. Eleven years after the royal commission, Ben-Gurion oversaw the permanent expulsion and dispossession of two-thirds of Palestinians, in the Nakba of 1948.We can already see the effect of Trump’s rhetoric on Israeli society. Since October 2023, rightwing ministers and political activists have been calling for a euphemistic “voluntary emigration” of Palestinians from Gaza, and yet Israel’s prime minister, Benjamin Netanyahu, had sought to keep a safe distance from such ideas. The idea of forced displacement was broadly considered so beyond the pale that mainstream pollsters did not even pose the question in their Israeli public opinion surveys.Yet shortly after his return from Washington DC, a gleeful Netanyahu lauded Trump’s “revolutionary vision for the day after Hamas”. “We see eye-to-eye with the US administration on … all our war goals”, he told the Knesset. The political commentator and radio host Amit Segal, who has been accused of serving as Netanyahu’s mouthpiece, quoted the Psalms verse: “We were like them that dream.” The verse refers to the return of Jews to Zion; now it was being used to celebrate the looming expulsion of Palestinians from the country.Strikingly, most centrist Israeli parties welcomed the plan. The former defence minister Benny Gantz commended Trump for his “creative, original and interesting thinking”. An opinion poll found that no less than 82% of Jewish Israelis supported the plan in principle; 52% thought it was feasible. Only 3% of Israeli Jews rejected the plan as “unacceptable and immoral”.Yet even if many Israelis favourably view the fantasy plan of a depopulated Gaza, there’s no appetite for the total war that would be required to materialise that plan. Opinion polls showed that Israelis are resolutely opposed to an immediate return to hostilities. After 16 months of war, there is widespread fatigue. The malnourished condition of the hostages that returned most recently, and the reports of torture they faced, was deeply alarming. Two-thirds of Israelis believe the ceasefire agreement should be upheld, and the safe return of the hostages should take priority.We can expect further ultimatums and confusion for the foreseeable future. Even if an immediate return to war has been averted, the risk of one is greater than ever. Trump has let the genie of mass expulsion out of the bottle. The ethnic cleansing of Gaza would require carnage and atrocities even beyond the horrifying scale of the last 17 months. Israel’s peace treaties with Egypt and Jordan are unlikely to survive, and the reverberations would be felt throughout the region. This is a scenario that would not only mean the likely death of the hostages, but an increasingly theocratic Jewish republic premised upon destruction and conquest. If Israel heads down this route, it will not only be destroying Palestinians in Gaza, but condemning itself to an ever escalating war.

    Yair Wallach is a reader in Israeli studies and head of the Centre for Jewish Studies at Soas University of London

    Do you have an opinion on the issues raised in this article? If you would like to submit a response of up to 300 words by email to be considered for publication in our letters section, please click here. More

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    Netanyahu seeks to draw Trump into future attack on Iranian nuclear sites

    Benjamin Netanyahu has vowed that, with Donald Trump’s support, his government will “finish the job” of neutralising the threat from Iran, amid US reports that Israel is considering airstrikes against Iranian nuclear sites in the coming few months.Trump has said he would prefer to make a deal with Tehran, but also made clear that he was considering US military action if talks failed, and his administration has laid down an early maximalist demand: Iranian abandonment of its entire nuclear programme.“All options are on the table,” the US national security adviser, Michael Waltz, told Fox News on Sunday. The new administration will only talk to Iran, Waltz added, if “they want to give up their entire programme and not play games as we’ve seen Iran do in the past in prior negotiations”.Earlier this month, Trump offered the Iranian regime a stark choice.“I would like a deal done with Iran on non-nuclear,” he told the New York Post. “I would prefer that to bombing the hell out of it.”In politics as in business, Trump’s vaunted “art of the deal” has relied heavily on bluster and threats, but analysts question how well that will work with Tehran. They also warn that the window for a diplomatic resolution to the standoff with Tehran will get narrower with each passing month, as Iranian nuclear capabilities progress, and Netanyahu works to persuade Trump to participate in joint strikes on Iran’s nuclear facilities while it is at its most vulnerable.Israel’s prime minister has tried and failed to convince successive US administrations to take part in military action against Iran, including Trump’s. During his first term in the White House, Trump declined, in line with his aim of keeping the US out of foreign wars.In 2018, however, Trump did fulfil another Netanyahu request, withdrawing the US from a three-year-old multilateral agreement that had constrained Iran’s programme in return for sanctions relief. Since then, Iran has pushed forward with nuclear development and now produces increasing amounts of 60%-enriched uranium, which means it is a small technical step away from the production of weapons-grade fissile material.Tehran insists it has no intention of making a nuclear weapon and remains a member of the nuclear non-proliferation treaty, but the supreme leader, Ayatollah Ali Khamenei, could upend that policy if Iran’s nuclear sites came under threat.Israel and Iran launched a series of tit-for-tat attacks on each other last year, culminating in substantial Israeli airstrikes on 25 October that inflicted significant damage on Iran’s air defences.That damage, combined with Israel’s crippling campaign over the past year against Iran’s most important ally in the region, Hezbollah, has left Iran in its most militarily vulnerable state for decades.View image in fullscreenStanding alongside the new US secretary of state, Marco Rubio, on Sunday, Netanyahu made clear he wanted to take advantage of that vulnerability.“Over the last 16 months, Israel has dealt a mighty blow to Iran’s terror axis. Under the strong leadership of President Trump, and with your unflinching support, I have no doubt that we can and will finish the job,” he said.US intelligence agencies have been briefing reporters over the past week that they believe Israel is likely to attack Iranian nuclear sites in the first half of 2025. But the intelligence assessments also underlined Israeli reliance on US support in the form of aerial refuelling, intelligence and reconnaissance. US officials also said such strikes would, at most, set back Iran’s programme by a few months, and could trigger Tehran’s decision to take the decisive step towards making weapons-grade uranium.Whatever the misgivings in Washington, the Trump administration approved the sale earlier this month of guidance kits for bunker-busting BLU-109 bombs, likely to be essential in inflicting damage on Iran’s most deeply buried enrichment plant at Fordow.Netanyahu was the first foreign visitor to be invited to the White House after Trump’s re-election, and according to the Washington Post, the two leaders discussed “several possible levels of American backing, ranging from active military support for a kinetic strike – such as intelligence, refuelling or other assistance – to more limited political backing for a coercive ultimatum”.Raz Zimmt, a research fellow and Iran expert at the Institute for National Security Studies in Tel Aviv, said there was another clock ticking on diplomacy with Iran. Under the 2015 nuclear agreement, its remaining signatories, including the UK, France and Germany, can trigger a “snap back” of all international sanctions on Iran, but that leverage expires in October this year, giving European capitals the options of “use it or lose it”. If the mechanism is triggered, it could lead to a further escalation, Zimmt said.“I think there is a very limited diplomatic window of opportunity until August or September, to reach some kind of settlement between Iran and the US,” he said. “If there is no agreement by then … I think it will be much easier for Netanyahu to get not just a green light [from Washington] but perhaps some kind of military capabilities which will make it easier for Israel to achieve a broader and more effective impact.”Netanyahu regularly describes Trump as the “best friend” Israel ever had in the White House, a description echoed by Rubio and other administration officials, but that friendship will be put to a decisive test as Israel continues to press the case for an attack on Iran.Ariane Tabatabai, a Pentagon policy adviser in the Biden administration, said it would fuel “tension between the ‘restraint’ camp in the administration and the more traditional Republicans who are more inclined toward a more forceful approach to Iran”.“It’s not clear yet in these early days which group will have more influence in the inter-agency process and ultimately drive policy, but that’ll be a factor as well.” Tabatabai said.Trump prides himself in keeping the US out of foreign wars, but he has shown himself ready to take military action against Tehran, ordering the assassination by drone of a Revolutionary Guards commander, Qassem Suleimani, in Baghdad in January 2020.Saudi Arabia is reportedly offering to mediate to avoid a conflagration, but even if Trump wanted to hammer out a deal, argued Alex Vatanka, a senior fellow at the Middle East Institute, Trump’s browbeating style of negotiation could easily backfire when it came to Tehran.“The Trump style is he goes in heavy,” Vatanka said. “But Ali Khamenei has to be extremely careful how he responds to Trump so his personal image is not damaged.”“Iran has been weakened in the region – no doubt about it – but they still claim to be leading proponents of the Islamic cause who stand up to western bullying,” he added. “So what might work with certain countries in Europe or in Latin America will not necessarily work with the Iranian regime.” More

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    For many Palestinian Americans, Trump’s Gaza plan evokes legacy of displacement

    For Palestinian Americans in Dearborn, Michigan, like Zaynah Jadallah and her family, displacement and loss have become central elements of her family heritage.Her family members were teachers in Al-Bireh in what is now the occupied West Bank during the 1948 Nakba, when hundreds of thousands of Palestinians were forced from their homes and land by Zionist paramilitaries, and then the Israeli army, in the war surrounding Israel’s creation.“They fled the attacks in two cars for Jordan. One of the cars made it, the other was bombed and they were burned alive,” she says.“None of them survived.”So when Donald Trump, standing alongside Benjamin Netanyahu, suggested last week that Palestinians in the devastated Gaza Strip leave their homes and that it be turned into a “riviera” for “the people of the world”, comments he has since doubled down on, Jadallah was livid.“The president of the United States calling for ethnic cleansing and the continued genocide of Palestinians,” she says.“It’s outrageous.”For many Palestinian American residents of Dearborn such as Jadallah, the responses to the US president’s proposals follow a similar line: defiance, anger, but not much in the way of surprise.“He has a history of being loyal to the Zionist movement of genocide and colonizing [of the] the Palestinian people,” she says.“It wasn’t surprising, but it was outrageous.”A photo on the front cover of the Dearborn-published Arab American News’s 1 February edition portrays thousands of Palestinians walking along a sea front to their destroyed homes in northern Gaza. The caption reads: “The Great March of Return”.“Gaza’s history is one of both pain and pride,” reads the newspaper’s lead article on the topic.It continues: “It stretches back to ancient civilizations and includes great resistance against invasion, such as the three-month siege by Alexander the Great and his Macedonian army in 332 BCE.”Trump’s announcement upended decades of international consensus and threatened fragile talks to extend a delicate ceasefire in Gaza. It was met with glee by much of the Israeli prime minister’s ruling coalition and other far-right elements in Israel.More than half of Dearborn’s 110,000 residents are of Arab heritage, making it home to one of the largest Arab communities outside the Middle East. Many Palestinian American residents have lost family members during Israel’s onslaught on the Gaza Strip, which killed more than 46,000 people.“Nobody is really shocked. Everybody is disgusted,” says Amer Zahr, a Palestinian American comedian and activist whose family was displaced from Nazareth, Jaffa and Akka (Acre) during the Nakba.“I’m really angry at the notion that we’re talking about the thing that Trump said on Tuesday like it’s new or novel or unique. It is not,” he says.“It is the policy of Israel to ethnically cleanse Palestinians, and that policy has been fully supported and funded by the United States.”He also finds that it’s only when Trump makes such comments that liberals and the Democratic party “finally reject the notion of the ethnic cleansing of Palestinians”.“I guess it has a different ring to it when Trump says it.”Trump won more votes in November’s presidential election in Dearborn than the Democratic party’s Kamala Harris or Green party candidate Jill Stein, the first time a Republican party candidate won the city in 24 years.While Harris declined to campaign in Dearborn, Trump had lunch at the Great Commoner, a café owned by an Arab American businessperson, just days before the election.“A lot of people [in Dearborn] voted for him secretly,” Zahr says. “They are the ones who have gone silent now.” Zahr voted for Stein.But some are doubling down on their support, not inclined to take Trump’s words at face value. Bishara Bahbah, a Palestinian American born and raised in Jerusalem, campaigned extensively in Michigan and other swing states through the group formerly called Arab Americans for Trump. (The group changed its name last week to Arab Americans for Peace.) He says Trump’s comments were just a “testing of the waters”.“I think the president threw out this idea as a trial balloon. There can never be a displacement of Palestinians from their homeland. It’s counterproductive,” he says.While members of his family were forced to flee Jerusalem during the Nakba in 1948, and he himself has since been banned from living in the city of his birth, Bahbah continues to believe peace in the Middle East is Trump’s main goal.“I know the president wants a legacy of peace and wants to be known as a peacemaker. For him to do that, the only path is a two-state solution which he told me he would support.”He says he has faced a backlash for supporting Trump that has included “messages on X that could be interpreted as death threats”, but that he’s been told by Trump’s advisers that Trump did not mean to suggest that Palestinians in Gaza be forcibly removed from their homes and land.“I believe that the president will come to the conclusion that what he said publicly is just not workable,” he says. He says the rebrand of his group to Arab Americans for Peace, announced hours after Trump’s comments, had been in the works for months.For Jadallah, Trump’s alleged plans for Israel to turn over the Gaza Strip to the US are an obvious contradiction to what he campaigned for president on.“It really shows his intention to serve a foreign government before the American people, right?” she says.“Because if he wants an America first agenda, he would talk about how we can spend our hard-earned tax dollars to improve our healthcare systems and our schools.”She says the resilience Palestinians in Gaza have shown following 15 months of bombardments and continued displacement lead her to believe that it’s highly unlikely that Trump’s plan to remove people from Gaza would succeed.“They’ve endured genocide, hunger, been displaced multiple times from the north to the south,” she says.“There’s still 2 million people residing in Gaza and they’ve told us that they don’t want to leave because they are the rightful owners of the land.” More

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    Trump’s sanctions against the ICC are disgraceful | Kenneth Roth

    Donald Trump’s executive order reauthorizing sanctions against international criminal court (ICC) personnel reflects a disgraceful effort to ensure that no American, or citizen of an ally such as Israel, is ever investigated or prosecuted. Quite apart from this warped sense of justice – that it is only for other people – the president’s limited view of the court’s powers was rejected in the treaty establishing the court and repudiated by the Joe Biden administration and even the Republican party. But that didn’t stop Trump.The US government traditionally has had no problem with two of the three ways that the court can obtain jurisdiction because it could control them. Washington is fine with the court prosecuting citizens of states that are members of the court because it has no intention of joining them. And it accepts that the United Nations security council can confer jurisdiction because it can exercise its veto to block prosecutions it doesn’t like.But the court’s founding document, the Rome Statute, allows a third route to jurisdiction. The court can investigate or prosecute crimes that occur on the territory of a member state, even if the perpetrator is the citizen of a non-member state. That was why Trump in his first term objected to an ICC preliminary examination in Afghanistan (and imposed sanctions – freezing assets and limiting travel – on the chief prosecutor at the time, Fatou Bensouda, and one of her deputies) because the investigation might have implicated CIA torturers in that country under George W Bush. Trump in his new executive order alludes to the prosecutor’s actions in Afghanistan, but it is a non-issue because the current ICC chief prosecutor, Karim Khan, has made clear that those past crimes are not his priority.The real issue is Israel. That same territorial jurisdiction is how the ICC was able to charge Benjamin Netanyahu and his former defense minister, Yoav Gallant, for their starvation strategy targeting Palestinian civilians in Gaza. Israel never joined the court, but Palestine did, conferring jurisdiction for crimes committed on Palestinian territory, including Gaza, regardless of the perpetrator’s citizenship.Referring to the United States and Israel, Trump’s executive order says: “Neither country has ever recognized the ICC’s jurisdiction, and both nations are thriving democracies with militaries that strictly adhere to the laws of war.” These claims are legally irrelevant.The US opposition to territorial jurisdiction was rejected by the drafters of the ICC treaty by an overwhelming vote of 120-7. The only governments to join the United States in opposing it were China, Iraq, Israel, Libya, Qatar and Yemen.Moreover, there is no ICC exception for “thriving democracies” or governments that purport to respect the laws of war. As any justice institution should, its jurisdiction applies to governments regardless of their character or stated policy. The sole exception is under what is known as the “principle of complementarity”, in which the court defers to good-faith national investigations and prosecutions.But Israel has no history of prosecuting its leaders for war crimes, and despite the ICC charges against Netanyahu and Gallant, it has announced no investigation of their starvation strategy in Gaza. To the contrary, Israel’s Mossad intelligence agency threatened Bensouda – the former ICC prosecutor – and her husband. That hardly reflects good-faith pursuit of possible war crimes.For two decades, the US government objected to territorial jurisdiction, but when the ICC charged Vladimir Putin, it abandoned that position. Putin was charged for kidnapping Ukrainian children and taking them to Russia. Russia has never joined the court, so the sole basis for the court acting was territorial jurisdiction – Putin’s alleged crime took place in Ukraine, which had conferred jurisdiction.That was a game-changer. Biden called the charges “justified”. Even prominent Republicans such as Lindsey Graham, one of the foreign policy leaders in the Senate, shifted. Joined by a long bipartisan list of sponsors, he secured unanimous adoption in March 2022 of a resolution endorsing the ICC’s prosecution of war crimes in Ukraine. Graham said that Putin’s “war crimes spree” had “rehabilitate[d] the ICC in the eyes of the Republican party and the American people”. Other Republicans visited the ICC prosecutor to support the prosecution of Putin.Yet this shift turned out to be only tactical. It did not survive the Israel exception to human rights principles. Now that senior Israeli officials have been charged, Trump has resurrected the objection to the ICC’s territorial jurisdiction.There is nothing the least bit radical about asserting jurisdiction over people who commit a crime on foreign territory. If I, an American citizen, murdered someone in London, Washington could hardly object if British authorities prosecuted me. By the same token, Britain would have every right to delegate that power to the ICC if, because of a crisis such as an occupation, it were unable to pursue the matter itself.skip past newsletter promotionafter newsletter promotionTrump is inviting trouble with his unprincipled stand. Article 70 of the Rome Statute authorizes prosecution for what Americans call “obstruction of justice” if anyone tries to impede or intimidate an official of the court because of their official duties. Bensouda essentially turned the other cheek when Trump sanctioned her. I would be surprised if Khan, the current prosecutor, were so understanding. The court would have jurisdiction over Trump because he is interfering with a pending prosecution.Trump might try to shrug off ICC charges, figuring that no one would dare to arrest him, but he would face other consequences. Because all 125 ICC member states would have a legal duty to arrest him were he to show up, they would probably tell him quietly that he is not welcome. Trump should ask Putin, who had to skip the August 2023 Brics summit in Johannesburg for the same reason, what it feels like to be a global pariah.Israel has other options. It could open a genuine, independent investigation of the starvation strategy and let the chips fall where they may. Netanyahu and Gallant, if they have a defense, could show up in the Hague and contest the charges, the way former Kenyan president Uhuru Kenyatta did. But Trump obstructing justice is not the answer.

    Kenneth Roth, former executive director of Human Rights Watch (1993-2022), is a visiting professor at Princeton’s School of Public and International Affairs. His book, Righting Wrongs, will be published by Knopf on February 25 More

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    Trump signs executive order to sanction ICC, accusing court of targeting US and its ‘close ally’ Israel – live

    Donald Trump has signed an executive order sanctioning the international criminal court (ICC), the White House has confirmed.The order accuses the ICC of having “engaged in illegitimate and baseless actions” targeting the US and its “close ally” Israel, and said the court has “abused its power” by issuing “baseless” arrest warrants targeting Israel’s prime minister, Benjamin Netanyahu, and its former defense minister, Yoav Gallant. The order states:
    The ICC has no jurisdiction over the United States or Israel, as neither country is party to the Rome Statute or a member of the ICC.
    It’s 1am in Gaza and Tel Aviv, and 6pm in Washington. Here’s a recap of the latest developments:

    Donald Trump signed an executive order imposing sanctions on the international criminal court (ICC). The order accuses the ICC of having “engaged in illegitimate and baseless actions” targeting the US and its “close ally” Israel, and said the court “abused its power” by issuing “baseless” arrest warrants targeting Israel’s prime minister, Benjamin Netanyahu, and its former defense minister, Yoav Gallant.

    Israel’s defence minister, Israel Katz, ordered the military to prepare plans to allow Palestinians “who wish to leave” Gaza to exit. Asked who should take the residents of Gaza, Katz said it should be countries who have opposed Israel’s military operations since the 7 October attacks. He also claimed that Spain, Ireland, and Norway, who all last year recognised a Palestinian state, are “legally obligated to allow any Gaza resident to enter their territories”.

    Trump doubled down on its Gaza proposal amid widespread opposition. In a Truth Social post, Trump said the Palestinian territory would be “turned over” to the US by Israel after it concludes its military offensive against Hamas. Netanyahu, who is in Washington, said it is “worth listening carefully” to Trump’s proposal.

    The US secretary of state, Marco Rubio, said Palestinians in Gaza are “going to have to live somewhere else in the interim”. Rubio described Gaza as “not habitable”, in comments that appeared to walk back on Trump’s proposal about transferring Palestinians permanently to neighbouring countries. Rubio is reportedly planning to visit the Middle East later this month.

    The head of the UN agency for Palestinian refugees (Unrwa) warned that the agency faces an “existential threat” after Israel formally banned it from operating on its territory. Philippe Lazzarini also described Trump’s Gaza proposal as “totally unrealistic”, adding: “We are talking about forced displacement. Forced displacement is a crime, an international crime. It’s ethnic cleansing.”

    Countries around the world continued to come out in opposition to Trump’s plan to turn Gaza into a “Riviera of the Middle East” after the 2.3 million Palestinians living there were transferred to other countries. Trump’s proposal would “squash” the ceasefire and “incite a return of fighting”, Egypt’s foreign ministry said. Russia called Trump’s proposal “counterproductive” and accused him of fuelling “tension in the region”.

    Human Rights Watch warned that the Trump’s proposal could move the US “from being complicit in war crimes to direct perpetration of atrocities”. Forced or coerced displacement is a crime against humanity, illegal under the Geneva conventions, to which Israel and the US are signatories.

    At least 47,583 Palestinians have been killed by Israeli attacks since October 2023, according to the Palestinian health ministry on Thursday. The ministry’s latest daily update also said a total of 111,633 have now been injured.
    As we reported earlier, the international criminal court (ICC) has been bracing itself for US sanctions since Donald Trump’s inauguration last month.Trump has been a vocal critic of the ICC since it issued arrest warrants for the Israeli prime minister, Benjamin Netanyahu, and his former defense minister Yoav Gallant last November for alleged war crimes and crimes against humanity in Gaza, along with several Hamas leaders simultaneously.At the time, the ICC said it had found reasonable grounds to believe that Netanyahu and Gallant “bear criminal responsibility for … the war crime of starvation as a method of warfare and the crimes against humanity of murder, persecution, and other inhumane acts”.In addition, the three-judge panel said there were reasonable grounds to believe they bear criminal responsibility “as civilian superiors for the war crime of intentionally directing an attack against the civilian population”.The ICC relies on 125 member states of the Rome statute to execute arrest warrants. Neither Israel nor the US are members.Donald Trump’s executive order warns that the US will impose “tangible” and “significant” consequences on individuals who work on ICC investigations of US citizens or US allies, such as Israel.The sanctions include freezing any US assets of those designated and barring them, or their families from entering the US.Donald Trump has signed an executive order sanctioning the international criminal court (ICC), the White House has confirmed.The order accuses the ICC of having “engaged in illegitimate and baseless actions” targeting the US and its “close ally” Israel, and said the court has “abused its power” by issuing “baseless” arrest warrants targeting Israel’s prime minister, Benjamin Netanyahu, and its former defense minister, Yoav Gallant. The order states:
    The ICC has no jurisdiction over the United States or Israel, as neither country is party to the Rome Statute or a member of the ICC.
    Benjamin Netanyahu said it is “worth listening carefully” to Donald Trump’s proposal for the US to take control of the Gaza Strip.Netanyahu, in a video statement from Washington DC, described the US president’s plan as “the first original idea that has come up in years”.The Israeli prime minister also spoke about his recent meeting with US congressional and Senate leaders, during which he said: “Everyone expressed enormous appreciation for Israel’s great achievements.”“I said that we are changing the face of the Middle East, and they simply saluted that,” he added.US president Donald Trump has reportedly now signed an executive order sanctioning the international criminal court (ICC), accusing the body of “improperly targeting” the United States and its allies, such as Israel.The Reuters news agency has published the headline and cited an unnamed White House official. We’ll bring you more details as soon as possible.Donald Trump’s efforts to slash and reshape American foreign aid is crippling the intricate global system that aims to prevent and respond to famine.In a wider context than Israel’s war in Gaza, the international famine monitoring and relief system has suffered multiple blows from a sudden cessation of US foreign aid, Reuters reports.The spending freeze is supposed to last 90 days while his administration reviews all foreign-aid programs.The US secretary of state, Marco Rubio, has said an exception allows emergency food assistance to continue.But much of that emergency aid is at least temporarily halted, compounded by Trump’s move this week to shut the US Agency for International Development (USaid).About 500,000 metric tons of food worth $340m is in limbo, said Marcia Wong, a former senior USaid official who has been briefed on the situation.US-provided cash assistance intended to help people buy food and other necessities in Sudan and Gaza also has been halted, aid workers told Reuters.The UN’s World Food Programme (WFP) has called on the international community to help feed millions of Palestinians in Gaza and rebuild the territory.The UN agency has provided more than 15,000 tonnes of food to feed more than 525,000 people since a fragile 19 January ceasefire between Israel and Hamas came into effect, WFP’s deputy executive director Carl Skau said, according to Agence-France-Presse.“We call on the international community and all donors to continue supporting WFP’s life-saving assistance at this pivotal moment,” Skau said in a statement after his visit to Gaza.
    The scale of the needs is enormous and progress must be maintained. The ceasefire must hold.
    “In critical sectors beyond food – water, sanitation, shelter, even getting children back into school – we need to work together,” he added.The US secretary of state, Marco Rubio, said it is a “realistic reality” to expect Palestinians in Gaza to “live somewhere else in the interim”.Rubio, taking questions during a press conference in the Dominican Republican, described Gaza as “not habitable”.“Gaza right now has unexploded munitions, lots of rockets and weapons,” he said, adding:
    I think that’s just a realistic reality, that in order to fix a place like that, people are going to have to live somewhere else in the interim.
    Donald Trump’s top officials, including Rubio and the White House press secretary, Karoline Leavitt, have appeared to walk back on some of the US president’s proposals about transferring Palestinians permanently to neighbouring countries.Rubio encouraged other countries in the region to “step forward and provide a solution and an answer to that problem”.The US secretary of state, Marco Rubio, is planning to visit the Middle East in mid-February, Axios reports.Rubio is planning to travel to the region after the Munich security conference, which begins on 14 February, the outlet says, citing sources.Rubio reportedly plans to visit Israel, the United Arab Emirates, Saudi Arabia and possibly more countries.Benjamin Netanyahu reportedly gave Donald Trump a “golden pager” during their meeting in Washington DC this week, in an apparent reference to Israel’s deadly attack against Hezbollah in Lebanon last year.In photos circulating online, the golden pager can be seen mounted on a piece of wood, accompanied by a golden plaque that reads in black lettering: “To President Donald J. Trump, Our greatest friend and greatest ally. Prime Minister Benjamin Netanyahu.”Israeli media reported that the Israeli prime minister, who is wanted by the international criminal court for war crimes, also gave the US president a regular pager.The gift was reportedly a nod to Israel’s deadly operation last September against Hezbollah, during which thousands of handheld pager beeper devices and walkie-talkies belonging to Hezbollah detonated simultaneously across Lebanon.The explosions killed at least 37 people, including children as young as nine years old, and left thousands wounded.Benjamin Netanyahu, during his meetings in Washington, presented a plan for ending the war in Gaza in return for Hamas giving up power and its leaders leaving the Palestinian territory, Axios reports.Netanyahu told US officials that he wants to extend the first phase of the Gaza ceasefire deal in order to release more hostages, the outlet said, citing sources. In exchange for additional hostages, Israel would be ready to release more Palestinian prisoners, it said.The report said Netanyahu indicated that if the first phase is extended, he plans to present Hamas with a proposal that includes ending the war in Gaza and releasing “senior” Palestinian prisoners.In return, Netanyahu would demand that Hamas releases the remaining hostages, relinquish power in the Gaza Strip and that its senior leaders, including those who will be released from prison, would go into exile, the report said. A US source said:
    Bibi and Israeli leadership have articulated a plan that includes allowing senior Hamas leadership to go into exile in a third-party country.
    If Hamas relinquishes power and its leaders go into exile, it could open the door for a day-after plan, possibly including Donald Trump’s proposal for the US to “take over” Gaza, according to the report. More

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    Trump imposes sanctions on ICC, accusing it of targeting US and Israel

    Donald Trump has signed an executive order authorizing sanctions against individuals and their families who assist the international criminal court (ICC), accusing the body of “illegitimate and baseless actions targeting America and our close ally Israel”.Trump has been a vocal critic of the ICC since it issued arrest warrants for the Israeli prime minister, Benjamin Netanyahu, and his former defense minister Yoav Gallant last November for alleged war crimes and crimes against humanity in Gaza, along with several Hamas leaders simultaneously.The signing of the order coincides with Netanyahu’s visit to the US Capitol, which included an Oval Office meeting earlier this week.It was unclear how quickly the Trump administration would announce names of people sanctioned.Since facing backlash in Washington for the warrants, the ICC had been bracing itself for retaliatory moves by Trump.The threat of US sanctions has loomed over the court for months, with multiple ICC sources saying that the court’s leadership feared Trump would not wait for legislation to pass but rather would issue a swift executive order creating the legal basis for multiple rounds of sanctions.Officials described it as a “worst case scenario” that the US would impose sanctions against the institution in addition to measures targeting individuals.Trump has previously argued that the ICC had “no jurisdiction, no legitimacy and no authority” in the US during his first term as president. More