FacebookTwitterGoogle+RedditEmail

Can Hollande Block the Bombing of Syria?

by JOHN V. WHITBECK

Paris.

Now that Prime Minister David Cameron has sought parliamentary approval for “military action” against Syria and President Barack Obama has announced his intention to seek congressional approval, can President François Hollande, as a political if not a strictly constitutional matter, afford not to do likewise?

A parliamentary session devoted to Syria is already scheduled for September 4, although no formal vote had been planned.

Hollande’s Socialist Party has a comfortable majority in the National Assembly and a razor-thin majority in the Senate. Party discipline in France tends to be more rigid and dependable than in the U.S. and the U.K., but the most recent poll showed 64% of the French people opposed to French involvement in any “military action” against Syria.

It would therefore be both highly interesting and encouraging for the future of democracy in France if Hollande were to permit a free and open debate and vote on this important issue.

However, there is another important issue which Hollande should keep in mind or factor into his thinking if no one has yet alerted to it.

When the Rome Statute establishing the International Criminal Court was being negotiated, certain Western states insisted on a seven-year moratorium before the “crime of aggression” was added to the crimes over which the ICC would have jurisdiction if they were committed either by a State Party of the ICC or on the territory a State Party. This effectively gave habitual and potential aggressors a window of opportunity to continue committing acts of aggression, which was very fortunate for former British prime minister Tony Blair, whose country is a State Party but who therefore enjoys immunity and impunity (at least insofar as ICC jurisdiction is concerned) with respect to his role in the crime of aggression against Iraq in 2003.

However, that window of opportunity was closed on June 11, 2010, when the crime of aggression was inserted into the Rome Statute as one of the crimes over which the ICC now has jurisdiction.

While neither Syria nor the United States is among the 122 States Parties of the ICC (so that only a referral by the UN Security Council can give the ICC jurisdiction over their citizens or over crimes committed on their territory), France is a State Party of the ICC.

Article 8bis (1) of the Rome Statute, as added in 2010, reads: “For the purposes of this Statute, ‘crime of aggression’ means the planning, preparation, initiation or execution, by a person in a position effectively to exercise control over or to direct the political or military action of a State, of an act of aggression which, by its character, gravity and scale, constitutes a manifest violation of the Charter of the United Nations.” Included in the subsequent listing of acts constituting “aggression” is, at Article 8bis (2)(b): “Bombardment by the armed forces of a State against the territory of another State or the use of any weapons by a State against the territory of another State.”

In the absence of a UN Security Council resolution authorizing “military action” against Syria, these provisions fit the aggression being planned by Presidents Obama and Hollande “like a glove”. Even the most imaginative defense lawyer would struggle to imagine a defense.

The ICC is understandably uncomfortable with the awkward fact that, in over a decade of existence, it has indicted only Africans. If for no other reason than the institutional imperative of the court’s own credibility, there is a compelling need to indict some non-African as soon as the court’s restricted jurisdiction and the gravity and exemplarity of a crime permit.

Nothing could enhance the credibility of the court more than the indictment of the head of state or government of one of the major Western powers.

At the same time, nothing else could so constructively enhance the concept and stature of international law, the belief that international law is not simply (as it has tended to be) a stick with which the rich and powerful beat the poor and weak and the idea that even the rich and powerful do not enjoy immunity and impunity before the rules of international law.

Indeed, nothing else could so effectively enhance the chances for a more peaceful world.

For any number of good reasons, it is to be fervently hoped that, in the end, François Hollande will not choose to participate in the “planning, preparation, initiation or execution” of the crime of aggression against Syria. However, should he do so, his transfer to The Hague could be the only good result of this folly.

John V. Whitbeck is a Paris-based international lawyer.

 

John V. Whitbeck is an international lawyer who as advised the Palestinian negotiating team in negotiations with Israel.

More articles by:

CounterPunch Magazine

minimag-edit

bernie-the-sandernistas-cover-344x550

zen economics

December 08, 2016
John W. Whitehead
Power to the People: John Lennon’s Legacy Lives On
Mike Whitney
Rolling Back the Empire: Washington’s Proxy-Army Faces Decisive Defeat in Aleppo
Ellen Brown
“We’ll Look at Everything:” More Thoughts on Trump’s $1 Trillion Infrastructure Plan
John Stauber
The Rise and Fall of Obamacare: Will the Inside Story Ever be Told?
Ted Rall
Ameri-Splaining
Michael J. Sainato
Mainstream Media Continues Absolving Itself From Clinton, Trump Election Failures
Ralph Nader – Mark Green
Divest or Face Impeachment: an Open Letter to Donald Trump
Gareth Porter
US Airstrikes on Syrian Troops: Report Data Undermine Claim of “Mistake”
Martha Burke
What Trumponomics Means for Women
Ramzy Baroud
Fatah, Hold Your Applause: Palestinian Body Politic Rotten to the Core
Steve Horn
Jeff Sessions, Trump’s Attorney General Pick, Introduced First Bill Exempting Fracking from Drinking Water Rules
Joe Ware
The Big Shift: Why Banks Need to Stop Investing Our Money Into Fossil Fuels
Juliana Barnet
On the Ground at Standing Rock
Franklin Lamb
Aleppo Update: An Inspiring Return to the Bombed Out National Museum
Steve Kelly
Hidden Harmony: on the Perfection of Forests
December 07, 2016
Michael Schwalbe
What We Talk About When We Talk About Class
Karl Grossman
The Next Frontier: Trump and Space Weapons
Kenneth Surin
On Being Caught Speeding in Rural America
Chris Floyd
In Like Flynn: Blowback for Filth-Peddling Fascists
Serge Halimi
Trump, the Know-Nothing Victor
Paul DeRienzo
Flynn Flam: Neocon Ex-General to Be Trump’s National Security Advisor
Binoy Kampmark
Troubled Waters: Trump, Taiwan and Beijing
Tom Clifford
Trump and China: a Note From Beijing
Arnold August
Fidel’s Legacy to the World on Theory and Practice
Dave Lindorff
Is Trump’s Idea To Fix a ‘Rigged System’ by Appointing Crooks Who’ve Played It?
John Kirk
Cuba After Fidel
Jess Guh
Repeal of Affordable Care Act is Politics Playing with the Wellbeing of Americans
Eric Sommer
Team Trump: a Government of Generals and Billionaires
Lawrence Davidson
U.S. Reactions to the Death of Fidel Castro
John Garvey - Noel Ignatiev
Abolitionism: a Study Guide
Clancy Sigal
Caution: Conspiracy Theory Ahead!
December 06, 2016
Anthony DiMaggio
Post-Fact Politics: Reviewing the History of Fake News and Propaganda
Richard Moser
Standing Rock: Challenge to the Establishment, School for the Social Movements
Behrooz Ghamari Tabrizi
Warmongering 99 – Common Sense 0: the Senate’s Unanimous Renewal of Iran Sanctions Act
Norman Solomon
Media Complicity is Key to Blacklisting Websites
Michael J. Sainato
Elizabeth Warren’s Shameful Exploitation of Standing Rock Victory
David Rosen
State Power and Terror: From Wounded Knee to Standing Rock
Kim Ives
Deconstructing Another Right-Wing Victory in Haiti
Nile Bowie
South Korea’s Presidency On A Knife-Edge
Mateo Pimentel
Some Notes and a Song for Standing Rock
CJ Hopkins
Manufacturing Normality
Bill Fletcher Jr – Bob Wing
Fighting Back Against the White Revolt of 2016
Peter Lee
Is America Ready for a War on White Privilege?
Pepe Escobar
The Rules of the (Trump) Game
W. T. Whitney
No Peace Yet in Colombia Despite War’s End
FacebookTwitterGoogle+RedditEmail