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89 points henearkr | 1 comments | | HN request time: 0s | source
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JumpCrisscross ◴[] No.45706114[source]
The ICC was born out of the Rome Statute, signed in 2002 [1].

It reflects the optimism of the 1990s’ newly unipolar world, one in which a rules-based international order —guaranteed by the United States—would reign supreme. That world started falling apart after 9/11 (specifically, the Bush administration’s response to it). It shattered with Xi pressing into the South China Sea and Russia annexing Crimea, though it wasn’t obvious it was lost until Putin blew into Ukraine and Trump 47.

Washington shouldn’t be sanctioning the ICC. It has no jurisdiction over America; what we’re doing is akin to water ballooning the girls’ sleepover. But the Rome Statute’s signatories should find a new method for ensuring the dream of universal human rights isn’t lost.

Continuing to bet on the ICC is continuing to bet on a dead horse. More of the world’s population, most of its economy, sits outside Statute signatory members. If we let the failed implementation get convoluted with the ideals that gave rise to it, we risk losing both for a generation.

[1] https://en.wikipedia.org/wiki/Rome_Statute

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1. treetalker ◴[] No.45706335[source]
The US itself is no longer rules-based, at least in the sense of equal justice under law and no one above the law. Examples abound.

SCOTUS and the lower courts now selectively use history and tradition to skirt legislative texts to do whatever they want. For instance, the Second Amendment is clear and absolute that the right to keep and bear arms shall not be infringed, and arms did not used to be forbidden when traveling — much less from airports, which did not exist, or even nautical ports. Yet the federal government prohibits carrying arms on airplanes, or even around the airport. Even my combo utility knife and bottle opener, with blade removed outside the airport, got confiscated recently.

Obviously, the usual rules do not apply to Trump (but do apply to similarly situated Democrat presidents).

And for something more quotidian, Florida state judges usually just do whatever the hell they want, summary-judgment and other rules be damned. And it's a rarity to get any appellate relief: the appellate courts typically affirm per curiam — that is, without any explanation whatsoever, on account of which the litigant is prohibited to seek further review in the Florida Supreme Court!

We are now a government of men, not of laws, and illogic and injustice reign supreme.