The professional and personal life of French judge Nicolas Guillou has been upended after being sanctioned by the United States. He is now effectively “blacklisted by much of the world’s banking system,” unable to use most bank cards or book a hotel online in his own country. The sanctions place him on a list of over 15,000 individuals, alongside terrorists and heads of state like Vladimir Putin.
This action was taken after Guillou and two other judges on the International Criminal Court’s (ICC) pre-trial chamber approved arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Defense Minister Yoav Gallant, and a former Hamas military commander, Mohammed Deif. The U.S. State Department accused the judges of engaging in “illegitimate and baseless actions targeting America or our close ally, Israel.”
The U.S. stance highlights a long-held position that international law should not apply to itself or its key allies. This view was articulated by Senator Lindsey Graham, who reportedly told ICC chief prosecutor Karim Khan that the court was “made for Africa and thugs like Putin, not democracies like Israel.” The United States, like China, Russia, and Israel, is not a signatory to the Rome Statute that established the ICC, a decision critics argue stems from concerns over potential prosecutions for its military actions abroad. The court’s jurisdiction in this case derives from Palestine’s accession to the statute a decade ago, covering crimes committed on its territory.
The ICC judges issued the warrants following a detailed legal review. The case against the Israeli officials centers on the alleged use of starvation as a weapon of war. The court cited public statements, including Yoav Gallant’s announcement of a “complete siege on the Gaza Strip” and Benjamin Netanyahu’s declaration that Israel would not allow food and medicine into Gaza from its territory. This assessment aligns with the findings of two U.S. government agencies in spring 2024, which concluded that Israel was deliberately obstructing humanitarian aid. Under U.S. law, such a finding should trigger a halt in arms transfers, a mandate the administration did not follow.
The widespread destruction in Gaza and high civilian death toll have prompted a consensus among many genocide scholars that Israel’s actions constitute genocide. For the U.S. and its allies, however, critics argue that maintaining Israel’s impunity outweighs the preservation of the international legal order. This position is rooted in Israel’s role as a key strategic partner. Decades ago, then-Senator Joe Biden described aid to Israel as “the best $3bn investment we make,” asserting that the U.S. would “have to invent an Israel to protect her interest in the region.” As the largest recipient of U.S. foreign aid, Israel continues to receive military assistance, while Washington actively challenges international bodies seeking to hold its officials accountable.
Other Western nations have also taken steps that critics say undermine the ICC. Italy, a member state, assured Netanyahu he would not be arrested on its soil. France has similarly argued for immunity and has been criticized for failing to defend Guillou, one of its own citizens fulfilling his duties at an institution it helped establish. This response from leading Western powers has damaged their credibility on issues of human rights and the rule of law. With polls showing nearly half the U.S. population believes a genocide was committed in Gaza, the West’s traditional role as a proponent of a “rules-based order” has been significantly compromised.
This challenge to the international legal framework is not without precedent. Analysts draw parallels to past strategic failures rooted in a disregard for international law, such as the 2003 invasion of Iraq, which eroded U.S. moral authority and arguably set a precedent for Russia’s later aggression in Ukraine. Similarly, actions by U.S.-led forces in Afghanistan fueled resentment that contributed to the Taliban’s resurgence.
The international legal system, long seen as biased toward Western interests, is now being tested by actors from the Global South. South Africa’s genocide case against Israel at the International Court of Justice, supported by many non-Western nations, signals a shift in the global order. By sanctioning judges and undermining legal institutions, Western powers may not be halting their perceived decline, but accelerating it.
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