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Nicolas Guillou, French ICC judge sanctioned by the US and “debanked”

432 points| lifeisstillgood | 2 months ago |lemonde.fr

468 comments

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[+] beloch|2 months ago|reply
"Without commenting on ongoing cases, he called on European authorities to activate a mechanism that could limit the impact of US restrictions."

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ICC member states should take steps to ensure the sanctioned judges and prosecutors do not suffer as a result of U.S. sanctions. The goal should be to ensure that they feel no repercussions that might bias them one way or the other in future cases and thus maintain impartiality. If this is not done, it could create an apparent feedback loop, if only in the public's imagination. i.e. After some future ICC ruling goes against them (or Israel/Russia), the U.S. may claim that ICC judges and prosecutors are prejudiced against them and are seeking revenge. Protecting ICC personnel now could blunt such claims. Sadly, I fear that the U.S. may have need of defence from ICC rulings relatively soon.

[+] bawolff|2 months ago|reply
> Sadly, I fear that the U.S. may have need of such a defence relatively soon.

When it really comes down to it, usa is a super power. Might makes right in international politics. The ICC has had quite a lot of successes when it comes to small and even medium sized countries, but at some point pragmatism has to win out. Nobody is going to war with the USA on behalf of the ICC. I highly doubt the ICC is going to push any issue with america unless the evidence against them is extreme. Its simply not powerful enough.

[+] JumpCrisscross|2 months ago|reply
> ICC member states should take steps to ensure the sanctioned judges and prosecutors do not suffer as a result of U.S. sanctions

This would be lovely. It’s not going to happen, and it would be stupid for Europe to pursue alone.

The ICC was born out of the optimism of the 1990s. When China was accepted into the WTO because trade was equated with democracy. When the world powers at least pretended to heed an international rules-based order.

That order is dead. The EU is—nobly—trying to resurrect it. But the great powers, together with most regional powers, have explicitly rejected it in favor of spheres-of-influence realpolitik.

Upholding the Rome Statute would mean picking simultaneous fights with America and Russia, and probably Israel, Iran, India and China, too. It’s simply not a tenable situation in a world where the rules are being re-written in multiple theatres.

[+] jasonm23|2 months ago|reply
United Gangsters of America it seems ... since the people have no say, just a moron with too much luck, too much power, not enough consequences.

They'll come? and the fact that's a question shows American Justice has been absent for quite some time.

[+] throwaway3060|2 months ago|reply
The US is not a signatory of the Rome statute. The ICC has no jurisdiction over the US, and any scenario where it claims it does would be an abuse of power.
[+] ThePowerOfFuet|2 months ago|reply
>Sadly, I fear that the U.S. may have need of defence from ICC rulings relatively soon.

Nothing sad about a well-deserved reckoning.

[+] drivingmenuts|2 months ago|reply
The only way we would ever answer to the ICC is if anyone could force us, by military threat. That's the only way people are put in front of that court.
[+] praptak|2 months ago|reply
"What is the purpose of the American sanctions mechanism?

Initially, it was created to address human rights violations[...]"

Yet here we are: it's being used to harass judges who address human rights violations.

[+] crazybonkersai|2 months ago|reply
Correction: it was created to advance own geopolitical goals and harrass unfriendly regimes using human rights abuse as an excuse. So in that sense nothing has fundamentally changed.
[+] piva00|2 months ago|reply
Not only judges in the ICC, the USA also used sanctions against a Brazilian Supreme Court Justice that is responsible for Bolsonaro's attempted coup case.

It's even more egregious it used the Magnitsky Act for that...

[+] duxup|2 months ago|reply
The whole banned via banking thing is scary. A local business in my area was flagged as some sort of illicit operation. There was almost no way to know it even happened outside being unable to take payment ... that was it.

No notice, no reason why, no recourse for them. They had google for their life for weeks talking to people online who it happened to and make dozens upon dozens of phone calls and explain the whole saga every time. Tons of false leads and promises for folks to call them back who never did.

They eventually found that it was some old bank they were in good standing with who after weeks of not responding, still couldn't explain why, but they said they apparently flagged them. It was undone after about 12 weeks and ultimately only because someone at this random bank took the initiative to lift the flag, but they didn't have to.

The process is completely opaque and you effectively have no rights to know or resolve anything.

[+] rchaud|2 months ago|reply
> "On top of that, all payment systems are American: American Express, Visa, Mastercard. Overnight, you find yourself without a bank card, and these companies have an almost complete monopoly, at least in Europe."

On one hand, this shows how important it is for paper cash to have first-class citizen status when it comes to legal tender.

On the other hand, how does the largest single currency zone in the world not have its own debit card settlement system? The Germany-only Girocard appears to have been mostly phased out, and doesn't work outside Germany unless it's co-branded with MC/Visa. Same with France's Card Bancaire. Besides that, 39% of online purchases in Germany are made through PayPal or MC/Visa.

[0] https://stripe.com/en-ca/resources/more/payment-methods-germ...

[+] pcthrowaway|2 months ago|reply
The U.S. has also sanctioned Francesca Albanese, the United Nations Special Rapporteur on the occupied Palestinian territories
[+] submeta|2 months ago|reply
The US is now literally sanctioning UN experts and ICC people if they push too hard on accountability for alleged Israeli war crimes, e.g. Francesca Albanese over her Gaza reports and support for ICC cases. In Germany (and elsewhere) it often doesn’t need formal sanctions: people get disinvited, smeared, or quietly pushed out of jobs if they’re too vocal on Palestine – think Ai Weiwei, Greta Thunberg, Masha Gessen, Ilan Pappé, Ghassan Hage and others running into cancellations, funding cuts, and public delegitimisation instead of explicit legal punishment.
[+] submeta|2 months ago|reply
Wow, unbelievable, downvote everything that states the obvious. This platform practically silences any criticism of Israel. Just like any other platform.
[+] fleahunter|2 months ago|reply
Using a human-rights sanctions framework against judges of a court literally created to prosecute human-rights violations is the snake eating its own tail. Sanctions used to be targeted at people trying to blow up the rule of law, now they are being used at people trying to apply it in ways that are politically inconvenient to a superpower and its allies.

This is why so many non-Western states call "rules-based order" a branding exercise: the same legal tool that hits warlords and cartel bosses is repurposed, with no structural checks, against judges whose decisions you dislike. And once you normalize that, you've handed every other great power a precedent: "our courts, our sanctions list, our enemies." The short-term message is "don't touch our friends"; the long-term message is "international law is just foreign policy with better stationery."

[+] Zigurd|2 months ago|reply
So many commenters here assume US global hegemony that, in reality, expired after the 1980s. Without its allies in Europe and Asia, the US can't act effectively.
[+] JumpCrisscross|2 months ago|reply
> Without its allies in Europe and Asia, the US can't act effectively

They’re all vastly mutually beneficial systems of alliances. That said, America flipping out over the ICC is basically as old as the ICC.

[+] deaux|2 months ago|reply
Fantastic news. The more of this, the sooner Europe wakes up and starts accelerating sovereignty. Please keep it coming!
[+] password54321|2 months ago|reply
Sovereignty? Sounds like doing Israel's bidding is the opposite of sovereignty.

Last I checked I never voted for Netanyahu.

[+] rchaud|2 months ago|reply
A 27-country bloc will struggle to accelerate on anything when one veto is all it takes to hit the brakes. Only 12 nations needed to agree when when the EU voted to institute a common currency in 1992.
[+] realusername|2 months ago|reply
Indeed, I think those sanctions did better than 10 years of talks for the digital euro
[+] bawolff|2 months ago|reply
The more wild US gets with its sanction powers the more it draws other countries to move usa away from the center of the financial system.

Nobody cares when usa was sanctioning random Iranians or Russians comitting human rights abuses, but the ICC is relatively popular in europe and the optics of this makes america look like gangsters. Obviously nothing is going to happen in the short term, but i wonder how it will errode american soft power in the long term if they keep this sort of thing up.

[+] heresie-dabord|2 months ago|reply
> this makes america look like gangsters

It is understandable that you would have this impression, given that the US leader has total legal immunity, directly controls the judiciary, Congress, tariffs and formerly independent financial agencies, openly threatens journalists and news media companies, appoints untalented lackies and openly enriches himself and his family and associates, openly uses federal legal entities to pursue opponents, deploys the military within the country against its own citizens, and has made federal arrest without warrant a common daily event.

It you live in a country where your government does not exhibit such characteristics, it's easy to mistake the above as an indication of something suspiciously unlike democracy.

From TFA: "In concrete terms, the rule of law is equality for all individuals, globally, before justice."

The rule of law has now become — for those who enjoy American expressions — a type of fan fiction.

[+] pixelpoet|2 months ago|reply
They literally are gangsters; look at what they're doing in Venezuela, literally stealing and selling oil tankers, extrajudicial killings and all the rest of it.

Only 33% of the population opposed it the second time (when it was already clear what their Dear Leader is like), so it's very difficult to escape the conclusion that they're gangsters and fine with that. Even here on HN they're blithely saying "might makes right"...

[+] BLKNSLVR|2 months ago|reply
The US has any soft power left?

I think Trump has successfully destroyed all of that and replaced it with (rhetoric about) threats of hard power.

The Trump administration is the equivalent of a lazy/absent parent. The kids have no respect for them whatsoever, but they're sick with them for time being and aware that belt hurts when it's deployed.

[+] fguerraz|2 months ago|reply
The ICC was never meant to be used against the West.
[+] rchaud|2 months ago|reply
What's the process for initiation into the "west" these days? Colonizing someone else's territory and sweeping it under the rug as brazenly as possible? It certainly isn't freedom of expression or respect for the rule of law.
[+] aprilthird2021|2 months ago|reply
How is Israel "the West"? If its just because of alliances then Saudi Arabia is also "the West"
[+] emilfihlman|2 months ago|reply
I think the important thing here is that governments shouldn't have the right to make life hard for ordinary people with punishments like taking away access to banks and finance system etc.

As for the US slapping European politicians etc, it's high time the people on high horses in Europe feel the shit they push on ordinary people.

[+] dmantis|2 months ago|reply
There should be no way the government can 'debank' someone in the first place. Monetary relations with other people have always been untouched by the state until very recently, even for revolutionaries. A private transaction is not anyone's business apart from the counterparties.

Assuming that someone should not be allowed to freely earn, spend, invest and participate in the economy without a proved felony is a dystopian concept.

Either have a proper fair public trial and put criminals in prison for serious violations or don't discriminate against anyone's stuff at all if you don't have any proofs. Otherwise it's massively used to give advantages to citizens of several nations to do business and earn while discriminating against others because of 'high risks' without any public court hearing, based on nationality, citizenship or organizational relations.

[+] hopelite|2 months ago|reply
Unfortunately this seems to be exactly the slope the West is going down after dismissing all the crazy talk of conspiracy theorists who warned of this very thing.

I haven’t seen anything about it here, but another example that is worse because it’s an attack on a private person, is the EU recently sanctioning the former Swiss intelligence officer Jacques Baud, living in Belgium which he now cannot leave, for seemingly, essentially reminding the people of Europe and EU politicians’ of the things they said.

[+] csfNight167|2 months ago|reply
This is so sad. The rule of law does not apply to the world’s hegemon or its closest allies.

Nearly four decades ago, the then senator Joe Biden told Congress that Israel was “the best $3bn investment we make”, claiming that “were there not an Israel, the United States of America would have to invent an Israel to protect her interest in the region”. The US regards Israel as an indispensable strategic asset, which is why it is the biggest ever recipient of US foreign aid, including military assistance. Washington will keep supplying the weapons that enable Israeli war crimes – and then threaten anyone who tries to hold the perpetrators to account.

Guillou and his colleagues issued their warrants after a lengthy, cautious legal process. The case against the Israeli politicians focused on the use of starvation, which Israeli leaders routinely confessed to.

[+] vinni2|2 months ago|reply
This is a bit old

> The 125 member states of the Court will hold their annual Assembly in The Hague, Netherlands, in early December.

I wonder if they made any progress after that.