Between Iraq and Ukraine, the world’s legal system is in entropy

george w bush
(File photo: Jordan News)
george w bush

Osama Al Sharif

Osama Al Sharif is a journalist and political commentator based in Amman.

This month marks the 20th anniversary of the US-British invasion of Iraq.

The invasion, launched on falsified evidence, set in motion a series of cataclysmic events from which neither Iraq nor the region has been able to recover. Conservative figures put the number of Iraqis who perished under occupation or in the ensuing civil war at no less than half a million. Many more were maimed or displaced in the process. And few would dare deny that the illegal invasion of a sovereign country remains the most egregious and blatant aggression of the 21st century.اضافة اعلان

None of the rosy promises peddled by the US and Britain in the wake of the occupation and the toppling of the Saddam Hussein regime have been fulfilled. Iraq is a stone’s throw from being classified as a failed country, mired in sectarian fracas, official corruption, foreign meddling, terrorism, and a near-total collapse of public services. Now, generations of Iraqis live in despair and anger as they lose sight of hope and recovery.
Incongruous to the people of the region is how the ICC, as well as other international bodies, continues to turn a blind eye to when a UN member, Israel, is in violation of scores of UN Security Council resolutions.
Yet, no one has been held accountable for the invasion of Iraq or for the war crimes that were committed by the invading armies. The culprits remain at large.

Last month marked a year since Russia invaded Ukraine, a war that was supposed to last for weeks but is still raging on with the loss of life and property. The similarities and contrasts between the invasion of Iraq and the war in Ukraine are striking, to say the least. From an unauthorized war and a failed attempt at regime change to gross human rights violations, potential war crimes, and illegal annexation of land.

Some may find excuses for Moscow’s intervention in Ukraine, which has unique historical and cultural links to Russia. NATO’s expansion eastwards was in breach of the 1990s understandings between the US and Russia, and there is a case to be made for Russia’ls existential concerns and genuine distrust of the West.
If Putin deserves to have his day in court, then Tony Blair and George Bush Jr. should appear there first.
Be that as it may, Russia’s invasion violates the UN Charter and international conventions. But it remains a polarizing crisis when it comes to issues such as the state of the world under a unipolar system, the gross failure of the UN as an instrument of conflict resolution, and Western double standards in implementing international law. So, it was ironic that the International Criminal Court (ICC) quickly issued an arrest warrant against President Vladimir Putin for an alleged war crime in Ukraine; the first of many, say the Ukrainians.

While praised by Russia’s Western foes, the ICC move reeks of politicization and prejudice — not that Russia is innocent of alleged violations in Ukraine, that remains to be investigated after the guns go silent and a political settlement is found. But the speed with which the ICC had moved is in itself a sign of selective justice and abuse of power.

Iraq is a case in point, where evidence of war crimes committed by and under the watch of the invading armies is fully documented. Yet, neither the US nor Britain's former leaders or officials have been charged with war crimes by the ICC or any other body. The same can be said of Afghanistan, which lingered under a 20-year US military occupation.
In an equitable world, Israeli leaders and generals who saw the systemic colonization of Palestinian lands and the killing of thousands of Palestinians in questionable circumstances should be on the world’s wanted list already.
More incongruous to the people of the region is how the ICC, as well as other international bodies, continues to turn a blind eye to when a UN member, Israel, is in violation of scores of UN Security Council resolutions. From ongoing occupation, annexation, the building of illegal settlements, displacing and transferring Palestinians, to detaining and killing children and journalists, and bombing residential areas, all actions which should have appeared in an ICC indictment list many years ago.

The sad reality is that under the US’ watch, the world’s post-1990 legal structure finds itself in a state of entropy and beyond repair. The ICC’s warrant against Putin only adds insult to injury when it comes to the supposed integrity of the court itself. And if Putin deserves to have his day in court, then Tony Blair and George Bush Jr. should appear there first.

Even more, in an equitable world, Israeli leaders and generals who saw the systemic colonization of Palestinian lands and the killing of thousands of Palestinians in questionable circumstances should be on the world’s wanted list already.
Traditionally it has been said that justice is blind; in reference to its impartiality and acceptance of all victims. But in the case of Palestine, Iraq, Afghanistan, and many others, Western justice is not only blind but mute and deaf as well.
Traditionally it has been said that justice is blind; in reference to its impartiality and acceptance of all victims. But in the case of Palestine, Iraq, Afghanistan, and many others, Western justice is not only blind but mute and deaf as well.

In many weird ways, the West opts for vengeance over justice, and by applying double standards, it only undermines the value and integrity of existing legal bodies. 


Osama Al Sharif is a journalist and political commentator based in Amman.


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