Many are today asking why Islamic Republic officials—chief instigators and perpetrators of the ongoing Middle East conflict, as well as responsible for the murder, torture, and oppression of millions of Iranians—are not prosecuted by the ICC.
Since the regime in Iran does not…
— Elica Le Bon الیکا ل بن (@elicalebon) November 22, 2024
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"Since the regime in Iran does not submit to the ICC’s jurisdiction, the only other pathway to prosecution is through a UN Security Council (UNSC) referral. The five permanent members of the UNSC, including Russia and China, have the power to veto these referrals, and have repeatedly done so for their allies in Iran and the Assad regime.
"In other words, this highly politicized system allows authoritarian regimes to protect authoritarian regimes from prosecution, no matter how egregious their crimes against humanity.
"Further, the ability of one belligerent to this conflict to fund an ICJ case against another—while enjoying total immunity from prosecution for its own instigation and aggression—is a tactic known as lawfare: the use of legal systems to damage or delegitimize an opponent.
"The question is, then, is all really fair in love and lawfare?"
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