Unjust retaliation

The Trump administration could declare a US travel ban on widely acclaimed rights lawyer Amal Clooney for her role in advising the International Criminal Court (ICC) prosecutor who issued arrest warrants against Israeli leaders. The warrants against Israeli Prime Minister Binyamin Netanyahu and Defence Minister Yoav Gallant were made public in November 2024 after the US imposed sanctions on ICC prosecutor Karim Khan. Donald Trump warned at that time he could instigate measures against “those responsible” for building the case.

In a May 2024 statement published on the Clooney Foundation for Justice (CFJ) website, Clooney said she served on the panel recommending the warrants “because I believe in the rule of law and the need to protect civilian lives.” She added, “As a human rights lawyer, I will never accept that one child’s life has less value than another’s.”

In 2016, she and her husband, US actor George Clooney, co-founded the CFJ which provides legal support for victims of abuse and injustice and “fight systematic injustice against vulnerable communities,” such as journalists, women and girls, democracy defenders, individual dissenters and monitories. Since its establishment, the CFJ has expanded its reach to 40 countries, representing victims in court cases, getting journalists out of prison, triggering trials of genocide perpetrators, and helping girls to access school and jobs when under pressure to marry.

The potential threat against Amal Clooney coincided with George Clooney’s Broadway production of “Good Night and Good Luck.” The play is a historical drama about CBS television journalist Edward R. Murrow who, in the 1950’s, battled Senator Joseph McCarthy’s campaign against people he accused of being Communists or Communist sympathisers. By compelling accused persons to defend themselves in Senate hearings, McCarthy caused many to lose their jobs and others to flee the US. When Murrow exposed his terror tactics and lies, McCarthy accused Murrow of being a Communist. After Murrow denied the charge and one of the accused committed suicide, the tide turned against McCarthy.

The Broadway play, an adaptation of a 2005 film written by George Clooney and Grant Heslov, coincides with Trump’s crusade against liberal media and educational institutions, especially Harvard University, the oldest and most prestigious in the US.

Amal Alamuddin Clooney is a British citizen of Lebanese descent. Her father is a Druze businessman from the village of Baakleen in the Chouf mountains overlooking Beirut and her mother a Sunni rights activist from Tripoli. The family emigrated to London during the Lebanese civil war (1975-90) when Amal was two. She attended St. Hugh’s College, Oxford, and graduated in 2000 with a degree in jurisprudence. She proceeded to the New York School of Law where she received a Master of Laws degree. She is qualified to practice law in England, Wales, and the US. After clerking for high profile US judges and engaging in key cases, she became involved in prosecutions for war crimes in the former Yugoslavia and in the Special Tribunal for Lebanon trying suspects for the 2005 assassination of ex-Prime Minister Rafik Hariri.

As well as Khan, Trump has imposed sanctions on four ICC female judges investigating possible war crimes committed by the US in Afghanistan and Israel in occupied Palestine. ICC Second Vice-President Reine Alapini-Gansou (Benin), Solomy Balungi Bossa (Uganda), Luz del Carmen Ibanez Carranza (Peru) and Beti Hohler (Slovenia) have been targeted.

The European Union promptly extended bloc support for the ICC, calling it “a cornerstone of international justice whose independence and integrity must be protected.” In a post on X, European Council President Antonio Costa wrote: “The ICC does not stand against nations, it stands against impunity. The rule of law most prevail over the rule of power.” The governments of the Netherlands, Belgium and Slovenia have denounced the sanctions as an effort to halt the work of the ICC.

Neither the US nor Israel are signatories of the 2002 Rome Statute which established the ICC which has jurisdiction over genocide, crimes against humanity, war crimes and the crime of aggression. As non-signatories, the US and Israel argue they cannot be compelled to submit to ICC jurisdiction. However, their citizens can be prosecuted of they commit crimes in countries – such as Afghanistan and Palestine – which have joined the Rome Statute.

While the International Court of Justice deals with crimes committed by states, the ICC investigates and prosecutes war crimes and crimes against humanity committed by individuals if their home countries fail to deal with accountability. The US argues that joining the ICC would undermine US sovereignty, infringe on national security and the independent of the government and target US personnel for political reasons.

The latest round of sanctions is nothing new. In April 2019, the US revoked the US visa of ICC Prosecutor Fatou Bensouda, a prominent Gambian lawyer, who prepared to investigate possible war crimes committed by US servicemen during the war in Afghanistan. After the investigation began, Trump authorised the imposition of sanctions against her and Phakiso Mochochoko who served as head of the court’s jurisdiction division. Secretary of State Mike Pompeo charged the ICC with being a “kangaroo court.”

Shortly after taking office in 2021, US President Joe Biden lifted the sanctions against ICC personnel although Secretary of State Antony Blinken expressed Washington’s objection to ICC efforts to assert jurisdiction of citizens of non-ICC members such as the US and Israel.

As usual, “double standards” have come into play. Following Russia’s invasion of Ukraine in February 2022, Biden welcomed the ICC arrest warrant issued for President Vladimir Putin on charges of transporting Russian children into Russia from Ukraine. However, once the ICC began considering warrants over Gaza for Netanyahu and Gallant, Biden – a fervent Zionist – denounced the ICC’s action as “outrageous” and vowed “ironclad” backing for Israel.

Photo: TNS