Trump, Israel, Hamas: Are Courts the Answer?
Unless the US and other countries are prepared to accept the decisions of courts across the board and not just when the decisions please them, or conform to their preconceive notions, courts will never be the answer
By Anil Madan
On May 29, 2024, a judge in New York instructed the jury on the law applicable to the criminal charges against former President Donald Trump. The jury started their deliberations and in the first three hours requested that they be given a copy of the testimony on certain subjects as well as a re-reading of the judge’s charge on certain points of law.
“The ICJ is making a political decision regarding the conduct of a war. Whereas one might plausibly argue that the court is effectively issuing an injunction against the commission of further war crimes or crimes against humanity, or even preventing genocide, there is a serious jurisdictional question as to whether it is the proper function of a court to direct the conduct of a war…” Pic – Balkan Insight
Whether Trump is found guilty or not, a sizable percentage of the American electorate has stated in a recent poll that it will make no difference in the likelihood of their voting for him. On the other hand, a significant number of registered voters said a verdict, one way or the other, would make it less likely that they will vote for him.
Such abstract polls do not provide the only answer that matters, the one that counts the total votes cast to determine who will be the next president. Yet, it is remarkable that those claiming to be registered voters can express such disdain for the legal process.
When it comes to disdain for judges and prosecutors, there is not much that can match Trump’s discouraging and scathing remarks. He has referred to them as corrupt, deranged, and engaged in witch hunts and in interfering with his reelection bid.
Even if Trump is convicted, it is unlikely that he will be jailed. The logistics of accommodating the Secret Service which is required by law to provide a former president 360º protection in a prison environment are daunting. The option of home confinement, whether in his New York apartment or at Mar-a-Lago in Florida may be the only options for confinement that a judge would consider. And a lesser sentence of parole or perhaps just a fine are options.
In April this year, twelve Republican US Senators sent Karim Khan, of the International Criminal Court (ICC), a stern letter threatening him and other UN jurists with personal consequences should the ICC apply for arrest warrants for Israeli Prime Minister Netanyahu or other Israeli government ministers or officials. The letter stated that the Senators would view any arrest warrant as “a threat not only to Israel’s sovereignty, but also to the sovereignty of the United States.”
A month later, on the advice of a panel of ICC experts, Khan applied for warrants for the arrest of Netanyahu, Israeli defense minister Yoav Gallant, and as well of Hamas leaders Ismail Haniyeh, Mohammed al-Masri, and Yahya Sinwar. Read More… Become a Subscriber
Mauritius Times ePaper Friday 31 May 2024
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