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Bangladesh's legal sovereignty vs ICC's western strings

Published : Wednesday, 15 January, 2025 at 12:00 AM  Count : 238
Rajeev Ahmed
Beneath the weight of the rubble, Amira lay still, her tiny fingers curled tightly around the doll pressed against her chest. The doll's glass eyes stared back at her, unblinking, as though it too shared her disbelief. How had the world allowed a ten-year-old girl to become a historian of ruins? How had it left her buried alive beneath the remnants of an Israeli airstrike in Gaza, her future swallowed by the dust and shattered dreams of a world indifferent to her suffering?

"The ICC," she whispered, her voice trembling, cracking like the earth beneath her, "They'll come for us. They will make it right. Justice will prevail." The night did not mock her, though it might have wished to. Silence, thick and suffocating, pressed heavily around her, a silence of abandonment. Above, the stars blinked indifferently-distant, cold-and the drones hummed on, unbothered by the devastation below. The wind carried her fragile words away, scattering them like dust over the wreckage of everything she had known-her home, her life, her very being.

Amira's fragile hopes mirrored the greater struggles of many nations, like Bangladesh, who find themselves caught in a world where justice is often shaped by the whims of geopolitical power. The International Criminal Court (ICC), founded in 2002 to prosecute the most heinous international crimes, including genocide, crimes against humanity, and war crimes, was supposed to offer a universal answer to such suffering. Its foundational principle was that it would serve as a court of last resort, stepping in only when national jurisdictions were unwilling or unable to prosecute these crimes. But over time, the ICC has come under increasing scrutiny for its selective approach to justice, often shaped by the influence of Western powers.

Much of the criticism directed at the ICC centers around its overwhelming focus on African nations. Since its start, most of the Court's investigations and prosecutions have targeted African leaders and militants, leading to accusations of selective justice. This selective application of law has led some to view the ICC as a neo-colonial tool, perpetuating Western dominance and undermining the sovereignty of the Global South, and particularly the least developed countries (LDCs). Countries like Bangladesh, which as an LDC in the Global South, may feel the sting of this external imposition, seeing the ICC's interventions not as an act of global justice, but as a form of legal overreach.

Amira, too, was caught in this web. As she lay under the ruins, the very air around her was thick with promises of justice. However, the stark reality of her situation remained-she was one child in a war-torn land, her life dismissed as collateral damage in the geopolitical chess game. Consider, for example, the recent developments surrounding Israeli Prime Minister Benjamin Netanyahu, a central figure in the ongoing and devastating conflict in Gaza. Despite the International Criminal Court (ICC) issuing an arrest warrant for Netanyahu over alleged war crimes, including the targeting of civilians and the use of collective punishment in Gaza, a sizable number of Western nations, including Poland, have moved swiftly to protect him from any potential legal consequences. This reaction is not only a stark reminder of the political complexities surrounding international justice but also a clear illustration of how geopolitical alliances can override legal principles when convenient.

Poland's decision to shield Netanyahu is emblematic of the broader reluctance among many Western countries to hold their allies accountable for actions that contradict the values they espouse in theory. In the case of Netanyahu, the accusations are grave-war crimes committed in the context of an ongoing military occupation and the systematic destruction of civilian infrastructure in Gaza. However, countries that are staunch allies of Israel, driven by political, military, and economic interests, have been reluctant to support the ICC's efforts to hold Netanyahu accountable. Poland, as a member of the European Union and a NATO ally of the United States, finds itself in a delicate position. While officially supporting international justice and human rights, it has chosen to prioritize its strategic alliances over the enforcement of international law.

This protection of Netanyahu underscores a fundamental flaw in the application of international law, revealing the growing tension between legal accountability and political expediency. The ICC, which was set up to uphold universal justice and prosecute the most heinous crimes, has often been criticized for its failure to act impartially when political considerations come into play. In this instance, Netanyahu's allies have used their influence to shield him from prosecution, highlighting the selective enforcement of justice that occurs when powerful nations are involved. It raises the question: can an international body like the ICC truly function as a neutral and unbiased institution if it allows political and diplomatic interests to dictate its actions?

In comparison, when the ICC issued an arrest warrant for Russian President Vladimir Putin in March 2023 over the forced deportation of Ukrainian children, it was met with broad Western support. This support was not just diplomatic but also financial and legal, signaling the West's eagerness to back the ICC when it suits their geopolitical aims. However, when it comes to Netanyahu, the response from Western nations has been markedly different. Despite the gravity of the charges against him-including war crimes related to the blockade of Gaza and the use of starvation as a weapon-Western allies, including the United States, have criticized the ICC, even threatening sanctions against the Court. This glaring double standard not only undermines the ICC's credibility but reveals the way international justice can be manipulated for geopolitical advantage.

The United States has also shown its active opposition to ICC investigations involving its allies or military personnel. Under the American Servicemembers' Protection Act, commonly known as "The Hague Invasion Act," the U.S. has reserved the right to use military force to free any American or allied personnel held by the ICC. This is a clear example of how Western powers use their influence to protect their strategic interests, further eroding the ICC's impartiality.

For Bangladesh, the implications of such bias are particularly concerning. Bangladesh, a signatory to the Rome Statute since 2010, is theoretically subject to the ICC's jurisdiction. However, the ICC's involvement in Bangladesh's national issues presents a complicated challenge. Take, for instance, the situation with the Rohingya refugees. While the ICC's intervention in prosecuting Myanmar for atrocities committed against the Rohingya on Bangladeshi soil can be seen as a step toward international accountability, it also raises concerns about the potential for Western powers to influence Bangladesh's legal and political landscape. Bangladesh's legal autonomy could be compromised as international oversight becomes intertwined with national matters, a situation that risks diminishing the country's sovereignty.

In addition to this, ICC's actions could undermine Bangladesh's judicial system. When the ICC asserts jurisdiction over cases that could be dealt with domestically, it challenges the authority of local legal institutions. For Bangladesh, supporting the independence and integrity of its judicial system is crucial for its self-determination and development. The ICC's intervention risks overshadowing national efforts to create a justice system that is both culturally relevant and effective. In such a context, the dependency on external legal bodies can reinforce neocolonial dynamics, where local governance and justice systems are subordinated to Western legal frameworks.

The ICC's geopolitical bias not only affects the credibility of its operations but also has diplomatic consequences. Countries with associations to ICC interventions face the risk of diplomatic fallout, affecting their global standing and relationships. For Bangladesh, submitting to ICC scrutiny can have far-reaching effects beyond the courtroom, potentially influencing its trade, aid, and diplomatic engagements.

Amira's whispered hopes for justice, drifting into the night like fragile threads, mirror the situation in Bangladesh. These threads, woven from the dreams of a better future, seem to vanish into the vast, indifferent sky, tangled in the unseen forces of geopolitics. For Amira, and for nations like Bangladesh, the question remains: can these fragile threads of justice and sovereignty ever weave together into a strong shield capable of protecting them? Or will they, like Amira's hopes, dissolve into nothingness, leaving only the echoes of a fight that never truly reached the light?

As the wind carried her words away, Amira clutched her doll tighter, her small hands trembling in the silence. The doll's glass eyes gleamed, reflecting the broken moonlight, holding a glimmer of life, a secret that only she could see. In the distance, the stars remained cold and distant, and the drones buzzed above, indifferent to her suffering. Still, in her heart, a flicker of hope remained-however fragile, however fleeting. And so, like Bangladesh, she held on, waiting for the winds of justice to shift.

The writer is an Editor of Geopolits.com


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