According to the ICC (who answered this question about al-Bashir), Netanyahu has no immunity from the ICC’s arrest warrant while PM.
According to the House of Lords decision, Pinochet had no immunity from national courts exercising universal jurisdiction, post-PM.
So while the ICC and the House of Lords addressed slightly different issues of immunity (current vs post-PM, and from ICC vs a national court), the core idea is that immunity can’t interefere with criminal justice!
(But of course not all countries agree with/respect these findings…)
Isn't suggesting that Mamdani can't arrest Netanyahu a dicey move considering the arrests the feds make these days and their justification for doing so? But my real question is about federal law superseding international law. What?! Please say more about legal resistance to illegal 'laws', i.e., what do IL critical thinking groundbreakers say on how Mamdani CAN comply with the ICC arrest warrant and confront the self-serving idiocy of those who would stop him?
Otherwise what seems argued is interpreting legal - and moral - compliance as illegality. What are real alternatives to enable the good guys to hold accountable these bad guys of the worst kind?
What's the scope of Netanyahu's immunity, post-PM, would the UK's House of Lords decision in Pinochet hold?
Great question!
According to the ICC (who answered this question about al-Bashir), Netanyahu has no immunity from the ICC’s arrest warrant while PM.
According to the House of Lords decision, Pinochet had no immunity from national courts exercising universal jurisdiction, post-PM.
So while the ICC and the House of Lords addressed slightly different issues of immunity (current vs post-PM, and from ICC vs a national court), the core idea is that immunity can’t interefere with criminal justice!
(But of course not all countries agree with/respect these findings…)
☺️
Isn't suggesting that Mamdani can't arrest Netanyahu a dicey move considering the arrests the feds make these days and their justification for doing so? But my real question is about federal law superseding international law. What?! Please say more about legal resistance to illegal 'laws', i.e., what do IL critical thinking groundbreakers say on how Mamdani CAN comply with the ICC arrest warrant and confront the self-serving idiocy of those who would stop him?
Otherwise what seems argued is interpreting legal - and moral - compliance as illegality. What are real alternatives to enable the good guys to hold accountable these bad guys of the worst kind?
(And what does Uganda-born have to do with this?)
How frustrating to find out that legal justice holds no weight to power.
I hear you! Though ~124 countries are under obligation to arrest Netanyahu so his world is much, much smaller now and it’s only a matter of time… 😌