The United States will threaten Monday to punish individuals that cooperate with the International Criminal Court in a potential investigation of U.S. wartime actions in Afghanistan, according to people familiar with the decision.
The Trump administration is also expected to announce that it is shutting down a Palestinian diplomatic office in Washington because Palestinians have sought to use the international court to prosecute U.S. ally Israel, those people said.
.. Bolton is a longtime opponent of the court on grounds that it violates national sovereignty.
.. Bolton is expected to outline a new campaign to challenge the court’s legitimacy as it considers cases that could put the United States and close allies in jeopardy for the first time
.. threat of sanctions or travel restrictions for people involved in prosecuting Americans.
.. One person said Bolton plans to use the speech to announce that the Trump administration will force the closure of the Palestine Liberation Organization’s office in Washington in a dispute over a Palestinian effort to seek prosecution of Israel through the ICC.
.. Bolton’s announcement is closely related to concern at the Pentagon and among intelligence agencies about potential U.S. liability to prosecution at the court over actions in Afghanistan
.. The Trump administration has questioned whether the ICC has jurisdiction to investigate and prosecute U.S. citizens for actions in Afghanistan, because Afghan, U.S. and U.S. military law all could apply in different situations
.. This year, the administration has withdrawn from the United Nations human rights body, halted financial support for a U.N. aid program for Palestinian refugees and threatened to pull out of the World Trade Organization.
.. Three successive U.S. administrations of both political parties have rejected the full jurisdiction of the international court over American citizens, although U.S. cooperation with the court expanded significantly under the Obama administration.
The United States has never signed the 2002 international treaty, called the Rome Treaty, that established the court, which is based in The Hague.
.. it’s going to create the impression the United States is a bully and a hegemon,”
.. efforts to pressure other countries into agreements not to surrender U.S. citizens to the body.
.. prosecutor Fatou Bensouda, who last fall asked for permission to formally investigate alleged crimes committed during the Afghan war. That could potentially include actions by U.S. military or intelligence personnel in the detention of terrorism suspects.
.. “America’s long-term security depends on refusing to recognize an iota of legitimacy” of the court, he wrote.
.. The court is also considering a request from Palestinian authorities to probe alleged crimes committed in Palestinian territories, a step that could result in attempts to prosecute Israeli officials.
.. That office serves as a de facto embassy, staffed by an ambassador, to represent Palestinian interests to the U.S. government.
.. The Trump administration contends that the Palestinians violated U.S. law by seeking prosecution of Israel at the ICC. The administration’s initial decision to close the office caused a breach with Abbas that widened in December when Trump announced that the United States would recognize Jerusalem as the Israeli capital and move its embassy there.
.. The Trump administration has not publicly committed to support a separate sovereign Palestine alongside Israel, which was the goal of previous administrations. But like previous U.S. administrations, the Trump White House considers Palestinian efforts to seek statehood recognition through international organizations to be illegitimate.
As you know, everybody sees the Middle East through his or her own narrative. Conservatives see it through the “front line in the war on terror” narrative and defend Israel’s actions on the Gaza border fence this week. Progressives see it through the “continued colonialist oppression” narrative and condemn those actions.
.. sometime in the 1990s, a mental shift occurred. Extremism grew on the Israeli side, exemplified by the ultranationalist who murdered Rabin, but it exploded on the Palestinian side. Palestinian extremism took on many of the shapes recognizable in extremism everywhere.
.. First, the question shifted from “What to do?” to “Whom to blame?” The debates were less about how to take steps toward a livable future and more about who is responsible for the sins of the past.
.. Second, the dream of total victory became the only acceptable dream.
.. extremists stop trying to win partial victories, insisting that someday they will get everything they want — that someday the other side will magically disappear.
.. Third, extremists over time replace strategic thinking with theatrical thinking. Strategic thinking is about the relation of means to ends: How do we use what we have to get to where we want to go? Theatrical thinking is both more cynical and more messianic: How do we create a martyrdom performance that will show the world how oppressed we are?
.. If you read the Palestinian leader Mahmoud Abbas’s April 30 speech or much of the commentary published over the past week, it’s clear that some powerful Palestinians now believe that the creation of the state of Israel is the wrong that needs to be addressed, not the expansion and occupation.
.. They rejected incrementalism. After Israel withdrew from its settlements in Gaza, the Palestinians could have declared a new opening, taking advantage of the influx of humanitarian aid. Instead, they elected Hamas, an organization that lists the extermination of the state of Israel as an existential goal. They expended resources that could have improved infrastructure to fund missiles and terrorist tunnels.
.. Yasir Arafat was once a terrorist, but at least he used terror to win practical concessions. The actions today — the knife attacks, the manipulation of protesters to rush the border fence — are of little military or strategic value. They are ventures in suicidal theater.
.. The shift from the politics of Rabin and Shimon Peres to that of Benjamin Netanyahu and Avigdor Lieberman is a move from pluralism to ethnocentrism, from relentless engagement to segregation. It’s a shift from tough realism to the magical thinking that Palestinians are somehow going to go away.
.. sometimes Israeli policies seem callously designed to guarantee an extremist response.
.. That’s the problem with extremism: It is a flight from reality. It makes you stupider. Instead of cleverly working to advance your own interest in a changing context, you end up shouting your own moral justifications into a whirlwind.
.. Extremism is naturally contagious. To fight it, whether at home or abroad, you have to answer the angry shout with the respectful offer. It feels unnatural. But it’s the only way.