Brian Finucane @BCFinucane
Senior Adviser, US Program, @CrisisGroup. Non-Resident Fellow @RCLS_NYU. Editor @Just_Security. Ex State Dept Lawyer. War Powers| Use of Force| IHL| War Crimes crisisgroup.org/who-we-are/peo… Joined April 2021-
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Yes it does.
No “double standard.” Once upon a time under Secretary of State Powell, @StateDept dispatched investigators to Chad to document atrocities in Darfur. Something tells me that’s not happening for Gaza.
No “double standard.” Once upon a time under Secretary of State Powell, @StateDept dispatched investigators to Chad to document atrocities in Darfur. Something tells me that’s not happening for Gaza.
Add the commission of potential law of war violations to the list of all the reasons the Gaza pier project is a debacle. EXCLUSIVE: Israeli military demolished homes to make way for US Gaza aid pier: thenewhumanitarian.org/news-feature/2… (@newhumanitarian)
Of course prompting questions about how many Palestinian civilians have also died in Gaza under similar circumstances.
Of course prompting questions about how many Palestinian civilians have also died in Gaza under similar circumstances.
As the article correctly notes, murdering law of war detainees is a war crime. Ben Gvir said to ask IDF chief why so many Gaza gunmen arrested: ‘Can’t you kill some?’ timesofisrael.com/ben-gvir-said-… via @TimesofIsrael
Sounds like the Biden administration is sticking with a compromise position of critiquing potential ICC action against Israeli officials on jurisdictional grounds (weak legal argument IMO) but it is not engaging in a broader attack on the court.
Sounds like the Biden administration is sticking with a compromise position of critiquing potential ICC action against Israeli officials on jurisdictional grounds (weak legal argument IMO) but it is not engaging in a broader attack on the court.
Reminiscent of a former US president who complains about legal "witch hunts."
Reminiscent of a former US president who complains about legal "witch hunts."
Most Israelis want the current hostage deal, and most would support one that releases all the hostages even if it means full end to the war, According to a poll published in Israeli public broadcaster
Portuguese-flagged ship is hit far in Arabian Sea, raising concerns over Houthi rebel capabilities apnews.com/article/yemen-…
I don’t say this often, but good for Gaetz for raising the War Powers issue presented by the Gaza pier.
I don’t say this often, but good for Gaetz for raising the War Powers issue presented by the Gaza pier.
Seems relevant for the purposes of the War Powers Resolution.
Seems relevant for the purposes of the War Powers Resolution.
"The main thing they’ve done in this war is to empty the north of its people and make it almost impossible to live there." @MairavZ in @bellingcat's latest piece on the destruction in northern Gaza. bellingcat.com/news/2024/04/2…
If this happens, it could further undercut a likely US argument on ICC jurisdiction and Israel. As the US does not recognize Palestine as a state, it will likely argue Palestine unable to accede to Rome Statute or accept ICC jx. Unconvincing given views of ICC and other states.
If this happens, it could further undercut a likely US argument on ICC jurisdiction and Israel. As the US does not recognize Palestine as a state, it will likely argue Palestine unable to accede to Rome Statute or accept ICC jx. Unconvincing given views of ICC and other states.
This is perhaps the central issue now: whether Hamas accepts these assurances from U.S., Egypt and Qatar or whether they will still require an explicit Israeli agreement on the permanence of a ceasefire.
Wondered when this was going to resurface.
ICC jurisdiction &Israel: USG may try to square its support for ICC action in Ukraine against Russians by either being vague about jx objection or focusing on Palestine not being a state (in the view of US). Not a good legal claim, but may check political & diplomatic boxes.
ICC jurisdiction &Israel: USG may try to square its support for ICC action in Ukraine against Russians by either being vague about jx objection or focusing on Palestine not being a state (in the view of US). Not a good legal claim, but may check political & diplomatic boxes.
Appreciate the more sober and restrained reactions from representatives McGovern and Kildee. Scoop: Congress threatens ICC over Israeli arrest warrants axios.com/2024/04/29/icc…
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While college administrators in the US are calling the police on their own students... ...Here's what's happening in #Gaza:
I am deeply alarmed by reports of mass graves in Gaza. Independent investigators must be allowed immediate access. The families of the dead have a right to know what happened. The world has a right to accountability for any violations of int’l law that may have taken place.
In 27 years of working at State never in my career has there been so much anger and internal dissent on any foreign policy issue. And yet that anger has produced very few resignations. No judgment here. Folks have kids, mortgages and college tuition. npr.org/2024/04/29/124…
@BCFinucane It really is mind-numbing. We’ve been headed directly at an iceberg for four months, everyone sees the iceberg, everyone knows we will hit the iceberg—and yet nobody will touch the helm.
This is extraordinary. The Foreign Office has already confirmed, multiple times, that Israel *is* the occupying power in Gaza; and the Foreign Secretary @David_Cameron said as such recently. How can a government minister stand in the Lords and utter such nonsense?
So does the UK government no longer consider Israel “as the occupying power” in Gaza as you said last month, @David_Cameron? Here a Gov minister totally at odds with the UK Government, UN, ICC, ICJ positions on Israel’s occupation of Palestinians, inc Gaza
Former Trump admin senior Pentagon official for the Middle East Mick Mulroy, on MEI zoom, said he found it notable that Israel reportedly gave very late or to some no notification to US ahead of its April 1 strike on Iran diplomatic facility in Damascus. gives impression…
The ICJ reminds "all States of their international obligations relating to the transfer of arms...to avoid the risk that such arms might be used to violate the [Geneva and Genocide] Conventions. All these obligations are incumbent upon Germany...in its supply of arms to Israel."
Text of the ICJ order is out. Key paragraphs below. Germany wins because it doesn't give Israel many actual weapons, and gives aid to Palestinians though organizations other than UNRWA.
Amid Russia's 2022 invasion of Ukraine, @IlhanMN warned the US position on the ICC was untenable: that supporting it v Moscow without fully respecting its mandate would mean serious backlash + hypocrisy. Seems prescient as Israel warrants loom & DC panics huffpost.com/entry/ilhan-om…
The difference between the attention given to them, between the #SouthAfrica v #Israel as well as the Advisory Opinion cases at the #ICJ and the #Nicaragua #Germany one is staggering. I think it's a sign that few people thought it was a winnable case to begin with. #Palestine
Not unexpected.
Not unexpectedly (see below), the #ICJ has indeed rejected (15-1) #Nicaragua's request for PMs. The decision largely reiterates #Germany's arguments on the facts. Nicaragua was not able to show that Germany's actions are creating the risk of irreparable harm that it alleged.
I'm beginning to suspect that #Netanyahu might, perhaps, not be interested in a #GazaCeasefire.
BREAKING: Netanyahu says Israel will invade Rafah with or without a hostage deal
I’ve been trying to direct attention to American supported wars my entire career but it never occurred to me to go after the thing American elites care about most—the bucolic campuses of the universities they attended.
I’m really not sure what’s the more plausible option at the moment. That ICC arrest warrants against Hamas and Israeli leaders are imminent; or that the general lack of literacy among journalists as to how the ICC actually works extends to Israeli intelligence analysts.
I have absolutely no problem with an ICC arrest warrant against Netanyahu save from the fact the Court lacks jurisdiction for his crimes of gross negligence in protecting the security of Israeli citizes.
Next week is @POTUS' deadline to report on Israel's compliance with NSM-20, which covers restrictions on humanitarian aid, violations of int'l law, and failure to protect civilians. The report is unlikely to be honest. Here's the reality of Israel's violations of the policy. 🧵1/
To give you a sense of the weather up there.
In Peru, there’s a saying: “for my friends, anything. For my enemies, the law”
Putin is having a laugh and rubbing hands in his bunker. Classic instrumentalisation of the ICC: US supports its action in one situation involving a state not party (🇷🇺, not an ally) while denying it jurisdiction over a similar situation involving another non-party (🇮🇱, client).
Little international criminal law tip: self-defence is relevant to the legality of the use of force. The ICC doesn’t have jurisdiction over the crime of aggression in this case. Instead, it will look at how Israel uses force.👏Legitimate self-defence never justifies war crimes.👏
With respect to the mass graves inside Gaza, ICC investigators can't access them. Reports suggest they have likely already been disturbed, before comprehensive forensic investigations could properly take place. The result? Evidence may have been destroyed or rendered unreliable.
This means that the ICC & its Ukrainian and international partners can access critical evidence, including forensic evidence, quickly and before it deteriorates. That evidence can be essential to building cases that lead to warrants that lead to solid prosecutions.
This brings me to a critical point: access to crime scenes. In 🇺🇦, the ICC has it. In 🇵🇸, it doesn't. ICC investigators can't access 🇷🇺-held territories, but have access to 🇺🇦 & get (terrific) cooperation from 🇺🇦 authorities. They were in Bucha just weeks after the Russians left
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