Hassan Shad

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    The ICC Has Stepped on a Political Minefield in Palestine

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    The rapidly-evolving geopolitical equation in the Middle East just got another layer of complexity added to it. Earlier this month, Fatou Bensouda, the chief prosecutor of the International Criminal Court (ICC), announced the launch of an investigation into alleged war crimes committed in the occupied Palestinian Territories since 2014. The prosecutor’s decision, important no less from an international accountability perspective, may end up putting the ICC in the crosshairs of regional politics.

    The ICC, which tries individuals rather than countries, is the world’s first-ever permanent court with jurisdiction over war crimes, crimes against humanity, genocide and the crime of aggression. The court’s decision has come in the wake of important developments in the Middle East. These include the US potentially rejoining the Iran nuclear deal; the much-vaunted Abraham Accords signed by Israel, the United Arab Emirates and Bahrain in 2020; the Saudi-led war in Yemen that continues with no end in sight; and Iran’s engagement in proxy warfare in the region. The ICC’s intervention in the Israeli-Palestinian conflict — one of the most complex international disputes — has added a new ingredient to an already simmering stew. 

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    During its early years, the ICC — created through the Rome Statute in 1998 — largely focused on atrocity crimes in Africa. The court was criticized for what was perceived as a bias toward that continent. Recently, the ICC has greenlighted investigations into alleged war crimes in Afghanistan, Myanmar and Bangladesh.

    But with no military force to enforce its decisions, the ICC has, over the years, meandered through terrain beset with political uncertainty. It has faced off against belligerent administrations and received relentless pushback from world leaders caught in the crosshairs of its legal processes. With 123 countries accepting jurisdiction to date, but with major powers like the US, Russia and China not a party to the Rome Statute of the ICC, the court has been called out as lacking wider international legitimacy.

    Yet, the ICC is trying to fix a broken international criminal justice system, albeit in a manner that does not necessarily bode well for its own future. With pronouncements such as the one in respect of the situation in Palestine, the ICC could end up stirring a hornet’s nest or, at best, catapult some fleeting global attention to the neglected Palestinian crisis.

    The US Response

    The Biden administration’s response to the ICC investigation came as a surprise to internationalists, who were hoping for some pivoting of the rules-based international order vociferously eroded by the US under former President Donald Trump. These hopes were dashed when US Secretary of State Antony Blinken unequivocally opposed the ICC’s decision to investigate the Palestinian situation. He based the US decision on two overarching principles: First, Israel is a non-party to the ICC and second, Palestine (which has accepted the ICC’s jurisdiction) is not a sovereign state and is therefore “not qualified to obtain membership as a state.”

    This line of reasoning is deeply problematic. It strikes at the very heart of the ICC’s jurisdiction, which extends to the territory and nationals of state parties to the court. By virtue of Palestine accepting the ICC’s jurisdiction in 2015, all alleged crimes committed in the Palestinian Territories by the Israel Defense Forces and Hamas — the militant Islamist group that rules the Gaza Strip — theoretically fall within the ICC’s jurisdiction. Bringing Israel within its jurisdiction was the main reason behind the Palestinian Authority’s decision to make Palestine a state party to the ICC.

    Secretary Blinken’s statement calls the decision to investigate Israel unfair. It also confirms the US commitment to stand for Israel’s security. This is a veiled warning to the ICC that it will not get far with its inquiry. After all, an ICC investigation will require Israel’s cooperation and US neutrality. With Israeli Prime Minister Benjamin Netanyahu outrageously calling the ICC move “pure anti-Semitism,” the fate of the investigation has been effectively sealed before it even started.  

    International Criminal Justice

    In other words, the ICC inquiry — notwithstanding all the braggadocio of international accountability — will be undermined by the deep-rooted security embrace between the US and Israel. The ICC prosecutor said the investigation in the occupied Palestinian Territories will be conducted “independently, impartially and objectively, without fear or favor.” Yet, by wantonly brandishing the ICC as a political instrument — something that it is not — the US and Israel will surely launch an all-out effort to delegitimize the international criminal justice enterprise. 

    Blinken also warned that unilateral judicial actions by the ICC can “exacerbate tensions and undercut efforts to advance a negotiated two-state solution.” The portrayal of the ICC as an impediment to a two-state solution for the Israeli-Palestinian conflict should be a gnawing concern for the international community. 

    Will Israel now weaponize the ICC investigation to deny Palestinian statehood while claiming that the court is impeding efforts toward that end? With the edifice of international justice having been eviscerated by the Trump administration, coupled with the US and Israel now renewing their vow against the ICC, the future of criminal justice in the occupied Palestinian Territories appears bleak. The slowly churning wheel of international criminal justice, manifested by the ICC, just got another spoke thrown in it that may well end up permanently jamming it.

    The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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      Pakistan’s New “Geoeconomics” Lawfare

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      Of late, statements from the highest level in Pakistan’s government have urged the global community to build a relationship with the country centered around “geoeconomic security.”  The new policy posture is aimed at the Biden administration, but it appears in equal proportion in Pakistan’s recent diplomatic overtures to other countries.

      In the past, Pakistan’s global pitch was peppered with terms such as “geostrategic pivot” — an umbrella concept for military and security nuances — to emphasize its indispensability in South Asia. This predisposition informed the overall trajectory of the US–Pakistan relationship since the 9/11 attacks in 2001, as well as the burgeoning China–Pakistan bonhomie that has manifested through the China–Pakistan Economic Corridor (CPEC).

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      Pakistan’s sojourn from “geostrategy” to “geoeconomics” is led by the country’s national security adviser, Moeed Yusuf. In his speech at the Wilson Center in January, Yusuf reminded the United States that it would be engaging with a “very different Pakistan” that is now focused on the “economic security paradigm.” He said Pakistan should be seen beyond the Afghanistan “prism” as an economic partner. He also cautioned against viewing Pakistan from a “third country lens and keeping India at the center of all conversations.”

      Similar sentiments were echoed later during the launch of a report titled, “Pak-Americana — Ushering in a New Era of Pakistan–U.S. Relations,” published by Tabadlab, an Islamabad-based think tank. The speakers at the event unerringly ground the future of US–Pakistan relations in economic terms. This paradigm shift was also mentioned by Prime Minister Imran Khan during his recent trip to Sri Lanka, which he invited to join the CPEC.

      Interestingly, Pakistan’s new pitch has also gone in lockstep with recent international publications. For example, writing for the Atlantic Council, Shamila Chaudhary and Vali Nasr have argued that Pakistan’s strategic calculus has changed over the years and US policy toward the country should be informed by considerations of a broad-based economic partnership.

      The Driver

      The underlying driver behind these new policy utterances could be the attempted pushback against entrenched perceptions in US policy circles where Pakistan has been viewed with suspicion. In the best of times, Pakistan has been seen as a security hedge for protecting US regional interests. Since 9/11, the US–Pakistan relationship has been largely about the South Asian nation conducting counterterrorism operations and supporting US military action in Afghanistan. Lately, Pakistan has been trying to put an end to the 20-year-long war in Afghanistan to help the US extricate itself from the Afghan imbroglio.

      Embed from Getty Images

      It is therefore no surprise that Islamabad’s geoeconomic messaging attempts to clear the air about the misconception that Pakistan’s relationship with China is a bar to broader US–Pakistan cooperation. The thrust is to decouple Pakistan’s relationship with China and to showcase it as a “neutral” partner of the US.

      What possibly ungirds Pakistan’s embrace of geoeconomics? After all, this would be a major breakaway from entrenched patterns of the past. Pakistan is perceived to firmly reside in the Chinese camp, which explains former US Assistant Secretary of State Alice Wells’ animus toward the CPEC, which she vehemently criticized for its “predatory loans” and “lack of transparency.”

      Despite China and Pakistan embarking on the ambitious CPEC some seven years ago, the Pakistani economy remains its Achilles’ heel. A quick economic turnaround does not seem to be on the horizon with the country on the Financial Action Task Force’s gray list since June 2018. With peace in Afghanistan also a distant prospect, Pakistan’s strategic choices made over the years seem to have outlived their utility.

      It is perhaps in this context that Pakistan has realized that stale policy positions need to be discarded. A realization seems to have crept in that if Pakistan is to resurrect its economy and, concomitantly, enhance its global stature, it would have to appear “sexy” and offer the world something more than its geostrategic location.

      Giving It Some Thought

      If this policy direction is meaningfully implemented, it augurs well for Pakistan’s future. However, to convince the world to view it from a new lens, the country will need to give a concrete direction to this new strand of thought. 

      First, Pakistan will have to provide an equal opportunity level playing field to all countries looking to develop a broader economic relationship with it. This will mean undoing the perception of elusiveness surrounding CPEC and the “guilt-by-association” blemish on Pakistan that is largely the result of the broader US–China power rivalry. It would be equally important for Pakistan to balance things out vis-à-vis China, which now has deeply entrenched strategic and economic interests in Pakistan. 

      Second, Pakistan’s India-centric lens that has only blurred its policy vision will need to change. This will require Pakistan to delink its relationship with the US and other countries from India, in the same vein that those countries have delinked their India relationship from their relationship with Pakistan. The increasing coziness between the US and India is a reality that Pakistan cannot wish away. Despite the animosity with India, Pakistan must never close the door for dialogue because a sustainable geoeconomic integration will eventually require an India–Pakistan thaw. The recent announcement by top military officials of India and Pakistan to strictly observe all agreements and the ceasefire along the Line of Control — the frontier that separates Indian-controlled and Pakistani-controlled parts of Kashmir — is a much-needed respite.

      Faced with some cold, hard facts, Pakistan seems to be undergoing a policy catharsis. Instead of getting sucked into global and regional power rivalries, it has wisely extended an olive branch to the US and the world at large. It is too early in the day to know how Pakistan’s new strategic posture will interact with political developments in South Asia. However, for its geoeconomics foray to be truly protean in nature, Pakistan’s best bet is to become a regional bridge of connectivity that is firmly hinged on transnational economic pursuits, instead of being tethered to stale hyperbolic policy postures that have led the country nowhere.   

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More