Israel has exposed the lie at the heart of Starmer and Biden’s foreign policy

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Jerusalem’s bold strike at the heart of terror should bring shame to Western states still in thrall to false peace

Hassan Nasrullah, Hezbollah’s Secretary General, died on Friday, courtesy of an Israeli air strike. Iran’s “Ring of Fire” strategy, unfolding militarily against Israel across the Middle East since last October 7, has suffered a major setback.  

Jerusalem has already nearly destroyed Hamas’s organised military capabilities in Gaza and, combined with “Operation Grim Beeper” just over a week ago, has repeatedly imposed shock and awe on Hezbollah’s top cadres and infrastructure.  

Since Nasrullah met his maker, Israeli forces have pounded Hezbollah strongholds by air and are readying a ground attack, likely aiming to clear out all terrorist threats south of Lebanon’s Litani River.

Israeli Prime Minister Bibi Netanyahu flatly ignored President Joe Biden’s pressure not to escalate military action against Hezbollah, and also Prime Minister Keir Starmer’s speech to the United Nations.  

The BBC derided Israel’s efforts, headlining that Netanyahu was trying to “chase victory”  Israel, however, clearly signalled its resolve against Iran, a quality much lacking in recent US and UK policy. Hezbollah and, more importantly, its paymasters in Tehran, should recognize that Israel is determined to do what it takes to establish its security, notwithstanding enormous external pressure.

Also on Friday, Yemen’s Houthi rebels attacked US Navy vessels in the Red Sea, the latest example of Iran’s year-long campaign via its Houthi proxies to close the Suez Canal-Red Sea passage to all but friendly vessels. The Houthis openly declared they would support Hezbollah “without limits”. Showing solidarity with its mates, the Houthis again launched missiles against Israel itself.  

These terrorist groups, like their allies Hamas and Shia militias in Iraq and Syria, have been armed, equipped, trained and financed by Iran for decades, as part of Tehran’s Ring of Fire strategy. Tehran is now arranging for Moscow to arm the Houthis with anti-ship missiles, evidence of Iran’s growing Russian ties.

Both the White House and 10 Downing Street need to lift their eyes to the strategic level. The barbaric Hamas October 7 attacks constituted but one facet of Iran’s multifront threat against Israel.  

Britain and America once understood what it meant to fight a multi-front war. They did so together successfully in two World Wars, and then again during the Cold War.  

Today, Messrs Biden and Starmer have trouble with this concept. Fortunately, Israel’s leaders do not. For the good of the West as a whole, Israel is now decimating our terrorist enemies in the Middle East.

Although Jerusalem still receives military aid from Washington, London has turned icy, and Biden’s White House is growing more frigid. Neither America’s Secretary of State nor its UN Ambassador attended Netanyahu’s General Assembly speech. And that was before Israel’s strike at Nasrullah.

Despite pro-terrorist propaganda, and the media echo chamber of supporters, the current conflict was never a war of Palestinians against Israeli oppressors. From the start, it has been an Iranian war against Israel.

Failure to grasp this bigger picture, a failure common to the national-security departments and agencies in Washington and London since October 7, persists in their opposition to Jerusalem’s determination to at the very least neutralise the serious terrorist threats it faces.  

Certainly, Israel has made its share of mistakes over the past year, along with the West generally, and can be faulted for allowing the terrorist menace to grow to its present levels.

We have all repeatedly dealt fecklessly with Iran’s efforts to create nuclear weapons. But now that the reality of present danger has become crystal clear, quibbling about Israel’s determination to survive is quite unbecoming to the West’s leaders.

Failed and misbegotten diplomacy toward Iran and Hezbollah particularly has helped produce the current conflict. I know personally because of my service as US Ambassador to the UN during and after the 2006 Israel-Hezbollah War.

Although the inadequacies of Security Council Resolution 1701, which brought that conflict to a halt, were evident even as the Council was voting unanimously to approve it, recent years have shown it to be wholly ineffective. Resolution 1701’s central objective was to prevent the rearmament of Hezbollah after Israel’s devastating retaliation for combined Hamas-Hezbollah attacks from Gaza and Lebanon (sound familiar?).  

To say the least, this UN diplomacy facilitated exactly the opposite result. It did not strengthen an independent Lebanese government, with the backing of enhanced UN peacekeeping forces, to stand against Hezbollah. Instead, Hezbollah in effect took over the Lebanese government.  

As with Hamas in Gaza, not until Hezbollah is eliminated will the truly innocent civilians have a chance for representative government.

Today’s real issue is Iran. Far from being eager to aid now-beleaguered Hamas and Hezbollah, Iran is clearly worried it will face direct, devastating retaliation from Israel. Indeed, there were reports even before Israel’s elimination of Nasrullah that Iran was dodging Hezbollah entreaties for Iran to come to its defence.

Iran has been visibly nervous about responding to Israel’s killing of Hamas leader Ismael Haniyah on July 31, and Nasrullah’s exit will only make the ayatollahs more nervous.

The fear that this time Netanyahu will not succumb to American pressure to “take the win,” as Israel did in April after Iran’s unsuccessful missile and drone attack, is clearly chilling Iran’s leadership. As well it should.

While the future is decidedly murky, Israelis undoubtedly remain determined to defend themselves. Too bad the current United Kingdom and the United States governments are not proud to stand with them.

This article was first published in The Daily Telegraph on September 28, 2024. Click here to read the original article.

“If Trump wins, he can make a pact with Maduro. He is a strong man who fascinates him”

The former National Security Advisor in the Trump Administration and ambassador to the UN under George W. Bush inaugurated the FAES 2024 Campus yesterday. Just a few metres from Madrid’s Retiro Park, the veteran foreign policy expert spoke to EL MUNDO about international news, full of “threats”.

This article was first published in Spanish in El Mundo on September 24, 2024. Click here to read the original article.

Question: You say that your biggest failure as National Security Advisor to Donald Trump was “not being able to help the people of Venezuela against the dictatorship of Nicolás Maduro.”

Answer: I feel that way. True. The conditions in Venezuela are so bad economically and politically that, from a strategic point of view, Maduro could not stay in power if it were not for the support of Russia and Cuba, as well as the intervention of China and Iran. So we have a global problem. We have the troika of tyranny, Venezuela, Nicaragua and Cuba, plus other leftist governments in Latin America, which resemble a return to the 1950s and 1960s, again, which is strategically a problem for the United States, but at the same time it is terrible for the people of the American continent.

Q. How do you assess the latest events in Venezuela, with the Spanish government at the epicentre of the exile of the winner of the elections, Edmundo González?

A. Yes. Well… Maria Corina Machado is still inside Venezuela, hiding. So she is still in danger, as are many other opposition leaders. It was a mistake to agree to let Maduro hold elections. He was never going to allow freedom. Maduro began excluding Machado, even from running. And the votes that the electoral officials proclaimed were completely fictitious. It was an exact repeat of the 2019 elections. It was the same thing again. Maduro is doing the same thing.
over and over again. The Biden Administration is completely blind. Sanctions were lifted for a while. Now they have to be reimposed. But the damage is already done. (The) international coalition against the regime has deteriorated and it will be difficult to rebuild it. We don’t know who will win in November in the United States, but Donald Trump has already said recently that Caracas is one of the safest places you can go; that it is safer than many cities in the United States.

Maduro is obviously a strong man for Trump. I remember from my days with him that I was fascinated by the strong man and I don’t know if you’ve read the chapter on Venezuela in my book [The Room Where It Happened], but in the end we managed to get Trump, much to the chagrin of some, not to meet with Maduro. We didn’t let it happen. However, now, it is possible that Trump will make a deal with him. That would be a big setback.

Q: So do you think it is better for Venezuelans if Kamala Harris wins the November 5 election?

A: Well, I don’t think we know anything about her position on Latin America. The best prediction I can make is that, during the first year of a Harris Administration, she will follow the trajectory of the Biden Administration, because that’s what she’s been sitting in National Security Council meetings for for three and a half years.

Q: You say you will not vote for Donald Trump, but neither will you vote for Kamala Harris, and in the 2020 elections you announced that you were going to write Ronald Reagan on the ballot.

A: I thought about writing Ronald Reagan in 2020, but then I also thought that people might think it was too much even for a protest vote. So I wrote in Dick Cheney. Because I wanted to vote for a conservative Republican and there wasn’t one on the ballot. Trump has no philosophy [of government]. He doesn’t think in political terms like most political leaders. Think in terms of what benefits Donald Trump. So what he does in a second term is much harder to predict than people think because the circumstances are different.

Q. And what decision can you take with NATO? You are very pessimistic on this issue…

A. Yes, I think Trump can withdraw the US from NATO. He was very close to leaving. And we’ll see what happens in Ukraine between now and the election and, if Trump wins, between the election and Inauguration Day. I’m very worried. I’m worried that if Trump wins, Putin can call him the day after the election and say, ‘Congratulations, Donald, I’m very glad you were elected. The Biden administration has been a disaster. Why don’t we just get together and resolve all our problems? ‘ And Trump can easily say, ‘As soon as I’m inaugurated, you’ll be the first person I meet with.’

Q. That would be a serious problem for Europe…

A. A Trump Administration doesn’t understand alliances. It’s not just with NATO; Trump doesn’t understand the alliance with Japan; he doesn’t understand the alliance with South Korea… One of the first fights he got into as president was with one of our two closest allies: Australia.

Q. And what about the European position on the Middle East, sometimes so distant, as in the case of the Spanish Government, from the United States’ staunch defense of Israel?

A. It’s hard for most Americans to understand. Support for Israel is overwhelmingly strong among both Democrats and Republicans, although there are many Democrats on the left of the party who take a more pro-Palestinian stance: on college campuses, among American Muslim communities, and on the radical left of the Democratic Party; which is important. I think Europe is making a big mistake. He is buying into the propaganda about who is responsible for the Gaza tragedy. Obviously it is Hamas. If Hamas had not taken billions of dollars to build its underground fortress, that money could have been used for economic development, for the citizens of Gaza, and yet they did not benefit from it at all. Absolutely it is barbaric and cynical the way Hamas is using the Palestinian people to protect itself, and that all this is done at the behest of Iran.

Q. Your tough stance towards Tehran is unwavering…

A. The Tehran regime is the main threat to peace and security in the Middle East and I think, unfortunately, that until that regime is gone and the Iranian people have the opportunity to take control of their own government, there will be no peace and security, because in the meantime it is using a network of terrorist groups. We don’t know what will happen in Lebanon with Hezbollah, but the Israelis live in fear of it. Hezbollah has a missile capacity that can overwhelm Israeli defenses if thousands of missiles are put into the air at once. No air defense system can withstand it. Israeli population centers are very vulnerable.

Q. Your support for Israel is tenacious, but is it also for Benjamin Netanyahu and the war he is waging?

A. Netanyahu has become strong within Israel and I believe that the vast majority of Israelis really want him to eliminate the terrorists. I support the right to self-defense, which includes eliminating your opponent, and Hamas is an opponent, Hezbollah is an opponent. People say, ‘Can’t the war in Gaza end?’ The answer is yes: Hamas could surrender.

Q. What role does China play for you in the complex geopolitical landscape? In Europe, for example, there is still a desire to maintain a bridge with Beijing.

A. Europe has become very dependent on the Chinese market. This is a significant
difference from the Cold War, when Russia had almost no economic connection with Europe or the United States. But the Chinese use this economic connection to in their own interest and people should take that into account. In the United States, companies are not making new capital investments in China. They are looking for alternatives. South Koreans are not investing their money in China either.

The place that is out of date is Europe. And that puts Europe at greater risk. It has also been difficult to convince European governments. Companies like ZTE and Huawei are a threat, and they are not just telecoms companies, they are arms of the Chinese state, designed to take over fifth- generation telecommunications so they can get all the information they want. This is unprecedented in history: using commercial companies in this way, as intelligence arms.

Q. Are we Europeans then naive?

A. Everyone has misjudged China. The US didn’t fully appreciate the threat from Huawei and ZTE until the Australians and New Zealanders sounded the alarm, explained it to us, and fortunately we realised they were right. We then went to the British and told them our whole intelligence-sharing relationship could be in jeopardy. They didn’t believe us, although they do now. Then we tried to talk to the Europeans, on the continent, where we’re having mixed success.

Q. And yet Europe must fear the Chinese connection with Russia…

A. Like South Koreans, the Japanese, and the Taiwanese… who are seeing that same connection between China and Russia.

Q. What do you think of the peace plan that Ukrainian President Volodymyr Zelensky is about to present?

A. Zelensky hopes to demonstrate with his peace plan that Ukraine is flexible.
But he may be making a mistake in trying to be too reasonable, because Putin is not going to be.

Q. This week the United Nations General Assembly is being held in New York and you are the author of the famous phrase…

A: ‘if the UN headquarters in New York lost 10 floors today, no one would notice.’

Q. That’s it. Do you really think it’s not worth it? Will what is happening and discussed these days in New York mean anything?

A. The United Nations is a large and complex organization, and that is part of its problem. But several of its specialized agencies do very important work: the International Atomic Energy Agency, the International Telecommunication Union, the International Maritime Organization,
the World Health Organization (WHO)… They all do a good job when they are not politicized, and in the case of the WHO, for example, we could see how Chinese influence and politicization affected them during Covid. The problem with the UN is that its political decision-making bodies are paralyzed and irrelevant. The General Assembly does almost nothing. And the Security Council is broken by vetoes from Russia and China. The real reason the UN was created was political. It was the answer to the failed League of Nations. It was supposed to stop World War III, but the fact that we haven’t had a World War III has had nothing to do with the United Nations. It’s had to do with the West prevailing in the Cold War. Now it’s going to stop World War III.

We are going to have… I don’t like to call it a second Cold War… it is a very different circumstance… it is a Sino-Russian axis that is a reality. So in the Security Council we are going to have the United Kingdom, France and the United States on one side, and China and Russia on the other.

Q. Let’s end with the future of the Republican Party to which you have dedicated so many years of work since you were in the Reagan Administration. What awaits the political party whether Donald Trump wins or loses?

R. A fight is going to break out in the Republican Party whether Trump wins or not. Let’s say he loses… As I said, Donald Trump has no philosophy, he doesn’t do politics, there is nothing he can pass on to his successors, apart from his style and his way of acting, which is a performing art. So there is no Trumpism. Because Trumpism is what he decides on a given day. After this fight, the Republican Party can return to a Ronald Reagan style, to that kind of party in a few years. If Trump wins, the fight will be greater, because he will be in the White House. But it must be remembered that Donald Trump will become a lame duck the very day he is sworn in, since he will not be able to run for president of the United States again. And that is a very different circumstance than the one he faced in his first term, where he had an eight-year runway.

Potentially, you now only have a fixed term of four years, which goes by very quickly.

This article was first published in El Mundo on September 24, 2024. Click here to read the original article.

‘Midnight in Moscow’ Review: Losing the Deterrence Game

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For more than a century, U.S. diplomats in Russia have had to fend off propaganda, outright lies, harassment and seduction, often simultaneously. Our envoys have been gulled into damaging concessions, and their Washington bosses have proved just as susceptible. Recall Franklin Roosevelt’s appalling observation about Joseph Stalin: “I think if I give him everything that I possibly can and ask nothing from him in return, noblesse oblige, he won’t try to annex anything and will work for a world of democracy and peace.” Incredibly, Roosevelt’s mindset, with variations, persists in many contemporary American leaders.

John J. Sullivan worked for two such presidents, first as deputy secretary of state from May 2017 to December 2019, and as U.S. ambassador to Russia from then until September 2022. In “Midnight in Moscow,” Mr. Sullivan describes what it was like.

Mr. Sullivan focuses on the events before, during and after Russia’s Feb. 24, 2022, invasion of Ukraine, but he covers considerable additional territory. His legal career and experience under prior Republican presidents made him a natural for deputy secretary. Mike Pompeo, as the new secretary of state, kept him on after Rex Tillerson was unceremoniously purged by President Trump in March 2018. Mr. Trump, if he wins in November, may find Mr. Sullivan too experienced, grounded and loyal to the Constitution to serve in a second term. His is a cautionary tale for those thinking about joining a Trump administration redivivus.

Mr. Sullivan describes Mr. Trump’s “chaotic and undisciplined style,” as when he fired Mr. Tillerson via tweet—an episode that captured the tumult that made Mr. Tillerson, among others, “completely miscast for his role—any role—in an administration [so] undisciplined and unconventional.” Mr. Trump “would not or could not draw a distinction between his own interests and those of the country he was leading,” Mr. Sullivan concludes.

He was dispatched to Moscow without the traditional photograph with the president. Mr. Sullivan never spoke with him thereafter—not even to have a courtesy meeting before the ambassador’s departure: another reminder of Mr. Trump’s limited comprehension of running a government, especially in national security.

President Biden kept the ambassador in place. Mr. Sullivan paints a telling picture of State Department operations, especially the unglamorous but critical job of keeping Embassy Moscow functioning in a hostile environment, exacerbated further by the Covid-19 pandemic.

Outside their embassies, our ambassadors have responsibilities for Americans living or visiting their respective countries. They strive, for example, to ensure that U.S. citizens arrested, legitimately or otherwise, receive fair, humane treatment. The Kremlin’s use of innocents abroad as human pawns greatly complicated that effort. Mr. Biden explicitly embraced outright hostage swapping (with Russia, Iran and others), significantly departing from Ronald Reagan’s opposition to trading guiltless victims for criminals or spies. Mr. Trump has recently pilloried swaps for well-known victims, like WNBA star Brittney Griner, but Mr. Sullivan reveals that the Trump administration attempted exactly that in 2020, unsuccessfully offering to trade convicted Russian criminals for Paul Whelan and Trevor Reed, two Americans held in Russian prisons, since released.

Describing Mr. Biden’s actions prior to Russia’s invasion of Ukraine, Mr. Sullivan shows that the president’s minimal emphasis on deterring Moscow contributed to Vladimir Putin’s confidence that he could succeed. At Mr. Biden’s June 2021 Geneva summit with Mr. Putin, Ukraine barely came up. Nor did it often arise at lower levels in the following four months, further confirming to Moscow that Mr. Biden gave it low priority. Watching “the calamitous and tragic American withdrawal from Afghanistan,” the Kremlin “drew a direct connection to Ukraine,” Mr. Sullivan writes. Nikolai Patrushev, Moscow’s then-counterpart to our national security advisor, predicted that Ukraine, like Afghanistan, “would be left to ‘the whim of fate.’ ” Mr. Sullivan found the Afghanistan pullout the only point at which even ordinary Russians expressed “to me personally their contempt for the United States.”

The Biden administration, then and now, seemed completely unaware that its behavior was encouraging the Kremlin to believe that a second invasion of Ukraine would produce the same response as Barack Obama’s after Russia attacked the Donbas region and annexed Crimea in 2014—essentially no response at all. At least from Embassy Moscow’s perspective, there is little evidence that Mr. Biden’s policy makers were thinking hard about deterring a renewed Russian assault.

On Oct. 25, 2021, Mr. Sullivan, then in Washington, attended an intelligence-community briefing at the National Security Council, stressing that Russia was “undertaking a massive aggregation of forces” on its Ukraine border, preparing to invade. This news “changed everything in my life,” he writes. He was “struck . . . that the information had come together so quickly.” The week before, he had “met with the senior U.S. military leadership in Europe, and no one had raised an alarm about an imminent invasion of Ukraine by Russia.”

Eventually, when Russia’s intention became obvious, Mr. Biden sent CIA Director Bill Burns to Moscow to tell Mr. Putin that our response to an invasion would be “devastating.” But the Russian leader had seen Washington’s feckless response to his aggression in 2014 and the incompetent Afghanistan withdrawal in 2021. Why should he have listened?

Mr. Biden’s subsequent public releases of intelligence, touted as an administration success, obviously failed to make a difference in Mr. Putin’s calculations. Moreover, U.S. intelligence badly underestimated Kyiv’s resolve and capacity to resist Moscow’s assault, which led to Mr. Biden’s unwillingness to provide additional lethal support to Ukraine before the invasion began.

Mr. Sullivan has made an important contribution to understanding what transpired in Washington and the Kremlin concerning Russia’s unprovoked 2022 aggression, and what might have been done differently. Unfortunately, it’s still midnight in Moscow.

For more than a century, U.S. diplomats in Russia have had to fend off propaganda, outright lies, harassment and seduction, often simultaneously. Our envoys have been gulled into damaging concessions, and their Washington bosses have proved just as susceptible. Recall Franklin Roosevelt’s appalling observation about Joseph Stalin: “I think if I give him everything that I possibly can and ask nothing from him in return, noblesse oblige, he won’t try to annex anything and will work for a world of democracy and peace.” Incredibly, Roosevelt’s mindset, with variations, persists in many contemporary American leaders.

John J. Sullivan worked for two such presidents, first as deputy secretary of state from May 2017 to December 2019, and as U.S. ambassador to Russia from then until September 2022. In “Midnight in Moscow,” Mr. Sullivan describes what it was like.

Mr. Sullivan focuses on the events before, during and after Russia’s Feb. 24, 2022, invasion of Ukraine, but he covers considerable additional territory. His legal career and experience under prior Republican presidents made him a natural for deputy secretary. Mike Pompeo, as the new secretary of state, kept him on after Rex Tillerson was unceremoniously purged by President Trump in March 2018. Mr. Trump, if he wins in November, may find Mr. Sullivan too experienced, grounded and loyal to the Constitution to serve in a second term. His is a cautionary tale for those thinking about joining a Trump administration redivivus.

Mr. Sullivan describes Mr. Trump’s “chaotic and undisciplined style,” as when he fired Mr. Tillerson via tweet—an episode that captured the tumult that made Mr. Tillerson, among others, “completely miscast for his role—any role—in an administration [so] undisciplined and unconventional.” Mr. Trump “would not or could not draw a distinction between his own interests and those of the country he was leading,” Mr. Sullivan concludes.

He was dispatched to Moscow without the traditional photograph with the president. Mr. Sullivan never spoke with him thereafter—not even to have a courtesy meeting before the ambassador’s departure: another reminder of Mr. Trump’s limited comprehension of running a government, especially in national security.

President Biden kept the ambassador in place. Mr. Sullivan paints a telling picture of State Department operations, especially the unglamorous but critical job of keeping Embassy Moscow functioning in a hostile environment, exacerbated further by the Covid-19 pandemic.

Outside their embassies, our ambassadors have responsibilities for Americans living or visiting their respective countries. They strive, for example, to ensure that U.S. citizens arrested, legitimately or otherwise, receive fair, humane treatment. The Kremlin’s use of innocents abroad as human pawns greatly complicated that effort. Mr. Biden explicitly embraced outright hostage swapping (with Russia, Iran and others), significantly departing from Ronald Reagan’s opposition to trading guiltless victims for criminals or spies. Mr. Trump has recently pilloried swaps for well-known victims, like WNBA star Brittney Griner, but Mr. Sullivan reveals that the Trump administration attempted exactly that in 2020, unsuccessfully offering to trade convicted Russian criminals for Paul Whelan and Trevor Reed, two Americans held in Russian prisons, since released.

Describing Mr. Biden’s actions prior to Russia’s invasion of Ukraine, Mr. Sullivan shows that the president’s minimal emphasis on deterring Moscow contributed to Vladimir Putin’s confidence that he could succeed. At Mr. Biden’s June 2021 Geneva summit with Mr. Putin, Ukraine barely came up. Nor did it often arise at lower levels in the following four months, further confirming to Moscow that Mr. Biden gave it low priority. Watching “the calamitous and tragic American withdrawal from Afghanistan,” the Kremlin “drew a direct connection to Ukraine,” Mr. Sullivan writes. Nikolai Patrushev, Moscow’s then-counterpart to our national security advisor, predicted that Ukraine, like Afghanistan, “would be left to ‘the whim of fate.’ ” Mr. Sullivan found the Afghanistan pullout the only point at which even ordinary Russians expressed “to me personally their contempt for the United States.”

The Biden administration, then and now, seemed completely unaware that its behavior was encouraging the Kremlin to believe that a second invasion of Ukraine would produce the same response as Barack Obama’s after Russia attacked the Donbas region and annexed Crimea in 2014—essentially no response at all. At least from Embassy Moscow’s perspective, there is little evidence that Mr. Biden’s policy makers were thinking hard about deterring a renewed Russian assault.

On Oct. 25, 2021, Mr. Sullivan, then in Washington, attended an intelligence-community briefing at the National Security Council, stressing that Russia was “undertaking a massive aggregation of forces” on its Ukraine border, preparing to invade. This news “changed everything in my life,” he writes. He was “struck . . . that the information had come together so quickly.” The week before, he had “met with the senior U.S. military leadership in Europe, and no one had raised an alarm about an imminent invasion of Ukraine by Russia.”

Eventually, when Russia’s intention became obvious, Mr. Biden sent CIA Director Bill Burns to Moscow to tell Mr. Putin that our response to an invasion would be “devastating.” But the Russian leader had seen Washington’s feckless response to his aggression in 2014 and the incompetent Afghanistan withdrawal in 2021. Why should he have listened?

Mr. Biden’s subsequent public releases of intelligence, touted as an administration success, obviously failed to make a difference in Mr. Putin’s calculations. Moreover, U.S. intelligence badly underestimated Kyiv’s resolve and capacity to resist Moscow’s assault, which led to Mr. Biden’s unwillingness to provide additional lethal support to Ukraine before the invasion began.

Mr. Sullivan has made an important contribution to understanding what transpired in Washington and the Kremlin concerning Russia’s unprovoked 2022 aggression, and what might have been done differently. Unfortunately, it’s still midnight in Moscow.

Mr. Bolton, a former U.S. ambassador to the United Nations, served as national security adviser from April 2018 to September 2019.

This article was first published in the Wall Street Journal on September 22, 2024. Click here to read the original article.

Biden rewards Russia on Storm Shadow missiles

Keir Starmer’s first visit to Washington as Britain’s prime minister last Friday did not go well. 

His meeting with President Joe Biden failed to resolve U.K.-U.S. disputes over whether Britain could transfer its Storm Shadow cruise missiles to Ukraine for use inside Russia. Kyiv has repeatedly asked that such restrictions on munitions like Storm Shadows be lifted.

Last week’s Starmer-Biden meeting did not change the status quo, to Ukraine’s dismay. The United Kingdom needs Washington’s approval because Storm Shadows contain technology from the United States and rely on our intelligence. Although there were other topics on the agenda, this first meeting since Starmer took office provided an opportunity to affirm the “special relationship” and the shared objective of defeating Moscow’s unprovoked aggression. Instead, Starmer was unceremoniously rebuffed. Worse, the Biden administration showed that, even in its last months, it remained wavering, hesitant, and uncertain on Ukraine 2 1/2 years since the war began.

Elaborate preparations preceded the Starmer-Biden meeting, starting with Secretary of State Antony Blinken, British Foreign Secretary David Lammy, and Ukrainian President Volodymyr Zelensky conferring in Kyiv. Blinken then met with Polish Foreign Minister Radek Sikorski, reaffirming that “we’re determined to see Ukraine win this war” and “we will adapt, we will adjust, and make sure that Ukraine has what it needs when it needs it to deal with this Russian aggression.” A decision to allow the British to proceed seemed almost assured. But the next day in Washington, that did not happen. There was only silence.

Starmer implied afterward that decisions regarding Storm Shadows had simply been postponed, perhaps until the end of September when Biden and other world leaders address the United Nations General Assembly. Further delay alone, however, is harmful to Ukraine’s self-defense efforts. Delay, unfortunately, encapsulates the essence of Biden’s unwillingness to act decisively not just to prevent Ukraine from being overrun, but to ensure it is restored to its full sovereignty and territorial integrity, NATO’s stated goal.

Although the U.S. and NATO failed to deter Russia’s February 2022 invasion of Ukraine, the Kremlin has consistently deterred Biden from aiding Ukraine in a strategic and well-ordered way. Repeated White House statements indicating fear of “a wider war” explain that Biden has been more worried about Russian President Vladimir Putin’s bluffs than about prevailing militarily, thereby not only defeating Moscow’s aggression but unmistakably showing China and other American adversaries that our capabilities and resolve are strong. We should be deterring them, not the other way around.  

Since Russia’s 2022 attack, with each painfully slow additional delivery of advanced armaments to Ukraine, Putin has threatened dire consequences, including last week against NATO itself. But there has never been evidence of a credible threat of a “wider war” with conventional forces. If the Kremlin had such capacity, why hasn’t it already been deployed to Ukraine to overcome Russia’s poor offensive performance, including recently against Ukraine’s so-far-successful incursion into the Kursk region?

The Kremlin’s nuclear threats, including the most recent, deserve to be taken seriously, given the stakes involved. But taking a nuclear threat seriously does not mean believing it. When Putin has rattled the nuclear saber before, testimony of U.S. intelligence community officials before Congress has indicated that Russia has not actually redeployed any of its nuclear capabilities to ready them for use.  Each assessment must stand on its own merits, but simply cringing before a Putin threat gives Russia what it wants at no risk and no cost. That is the short road to Ukraine’s defeat.

After meeting with Biden, Starmer downplayed the lack of a decision on Storm Shadows, saying that larger strategic questions were discussed. He is continuing London’s policy, begun by former Prime Minister Boris Johnson, making it the strongest advocate within NATO for aiding Ukraine, notably more forcefully than the Biden administration. What should be on Starmer’s mind, however, is what may be coming after the November elections.  

At last Tuesday’s presidential debate, Donald Trump refused to say whether he favored Ukraine winning the war, merely asserting that he wanted to “end” it. Worse, vice presidential nominee J.D. Vance later said Trump’s “peace plan” would separate the parties by a demilitarized zone, with Russia keeping all Ukrainian territory it already holds, and that Ukraine would never join NATO. Putin could hardly ask for more. But if that’s Trump’s opening position, you can bet Putin will.

Biden has very little time left in office.

The least he could do is let allies aid Ukraine in ways that might allow it to prevail against Russia’s invasion, a shot that would definitely be heard round the world.

John Bolton served as national security adviser to then-President Donald Trump between 2018 and 2019. Between 2005 and 2006, he served as U.S. ambassador to the United Nations.

This article was first published in the Washington Examiner on September 16, 2024. Click here to read the original article.

America’s Crucial First Line of Defense in the Pacific

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China’s recent incursions into Japan’s airspace and territorial waters materially escalate Beijing’s efforts to intimidate and dominate nations in the Indo-Pacific. Tokyo responded by announcing a multibillion-dollar satellite program to bolster detection capabilities against such intrusions.

Chinese “fishing vessels” have in the past periodically sailed near the Senkaku islands, which are claimed by Japan, Taiwan and China. Chinese coast guard ships and military vessels later began to appear, ratcheting up Beijing’s aggressiveness. Washington doesn’t explicitly recognize Tokyo’s sovereignty over the Senkakus but has committed to defend the islands under the U.S.-Japan mutual cooperation and security treaty.

These escalating forays follow Chinese interference in Taiwan’s airspace and waters, and its efforts to assert sovereignty over most of the South China Sea. Chinese naval encounters with the Philippines over disputed islands, shoals and reefs have made headlines. Vietnam and others have often faced Chinese challenges.

None of this is coincidental. Beijing is unmistakably contesting control of the First Island Chain. This variously described topography extends from the Kamchatka Peninsula to the Kuril islands, through Japan and the Senkakus to Taiwan, on to the Philippines and then Borneo and the Malay Peninsula.

America’s next president will have to face the strategic consequences of this belligerence. Climate-change negotiations with Beijing should no longer top Washington’s East Asia agenda. Tweets suggesting China consult Google Maps won’t suffice, though they at least show someone on Team Biden understands the problem.

With China pressing all along the First Island Chain, existing U.S. bilateral cooperation with affected states like Japan and Taiwan has plainly become insufficient. Finding seams in the intelligence or defense capabilities across the chain is far easier for Beijing when such efforts among the targets are absent. If China breaks through the First Island Chain at one place, other states in the chain and the Pacific would be at greater risk. Washington should recognize that the integrity of each nation’s air and maritime spaces requires multilateral cooperation, especially among air and naval forces and the intelligence communities of Japan, South Korea, Taiwan, the Philippines, Australia and New Zealand. Given the high stakes, involving other Asian and Pacific states, along with key European allies like Britain, could be critical.

Such cooperation doesn’t require creating an East Asian North Atlantic Treaty Organization or accepting a decision to contain China—at least not yet. More-robust multistate activities are nevertheless urgently needed across the island chain. Several areas of multilateral cooperation are already under way, but if much more isn’t done, Beijing will play one nation against another, calibrating belligerent activities along its periphery to advance its interests. If the affected nations don’t hang together, to paraphrase Benjamin Franklin, China may well hang them all separately.

A possible model is George W. Bush’s Proliferation Security Initiative against trafficking in weapons of mass destruction. A British diplomat described PSI as “an activity, not an organization,” almost entirely operational and not overtly political. Its success rested on military and intelligence exchanges and exercises, only rarely involving diplomatic palavering among foreign ministries. What worked for PSI on a global basis can work in Asia and the Pacific.

The elephant in the room is Taiwan. Without it, there is little chance other concerned countries can effectively thwart China’s destabilizing efforts. This time it isn’t Taipei asking for help, but other regional capitals that need help as much as Taipei. Losing effective control over what Douglas MacArthur labeled an “unsinkable aircraft carrier”—much less actual Chinese annexation—would fatally breach the First Island Chain. There are ways around the Taiwan dilemma that would irritate Beijing. But that need not precipitate a political crisis unless China is resolved to have one, which in itself would reveal Beijing’s hostile intent.

Long before the Abraham Accords established full diplomatic relations among Israel and several Arab states, they were working together. Wide-ranging intelligence cooperation, especially over the common threat of Iran, stimulated creative, mutually advantageous ways to do business. In another context, West Germany’s somewhat anomalous status didn’t prevent its full integration into NATO. Instead of hypothesizing about obstacles to closer cooperation with Taiwan, Asian and U.S. diplomats should emulate their predecessors and include Taiwan in collective security.

More Chinese air and sea incursions are coming, along with increased influence operations in Asian and Pacific countries and more intelligence-gathering efforts. Beijing is dictating the pace and scope of its intrusions, underscoring the need for closer cooperation among its targets. That alone would augment deterrence, but we haven’t got time to waste.

Mr. Bolton served as White House national security adviser, 2018-19, and ambassador to the United Nations, 2005-06. He is author of “The Room Where It Happened: A White House Memoir.”

This article was first published in the Wall Street Journal on September 10, 2024. Click here to read the original article.

Dealing with the greatest adversary

The United States is certainly split internally, as this year’s presidential race shows. Donald Trump and his congressional supporters question US mil itary support for Ukraine, and even espouse withdrawal from NATO, or fundamentally restructuring alliance commitments. Nonetheless, recent polling shows overwhelming majorities of Americans back NATO (73%–27%) and believe the US should defend NATO allies if they are at tacked (74%–26%). However, that same poll also found comparable majorities believe NATO relies too much on US funding and that other NATO allies are not doing enough (74%–26%).

Read the full article in the Stern Stewart Journal Sep 24 edition. 

Yet another Biden foreign policy failure

The Biden administration has again fallen victim to its own foreign policy, this time in Venezuela

Entirely predictably, Nicolas Maduro’s illegitimate regime has stolen its second straight presidential election, propelled by White House concessions and naivete. As a result, the Venezuelan people remain under authoritarian rulers strongly backed by Russia, Cuba, China, and Iran. This is a U.S. failure by any measure.

Responding to Maduro’s first electoral larceny in 2018, Venezuela’s National Assembly, acting under the country’s constitution, declared the presidency vacant. The National Assembly then named Juan Guaido as acting president pending new elections. Some 60 countries, mostly in Europe and the Western Hemisphere, recognized Guaido’s government and its authority over Venezuelan state assets. Many imposed economic sanctions, particularly against PDVSA, the government-owned oil company, to pressure Maduro’s criminal regime into accepting this. 

After extensive efforts to oust Maduro, opposition efforts failed in April 2019. Although he successfully reimposed authoritarian rule, the sanctions weakened Venezuela’s already-collapsing economy, forcing Maduro to rely increasingly on illegal drug trafficking for revenue.  

Former President Donald Trump’s loss of interest in Venezuela thereafter meant that American policy drifted until his term ended. Unfortunately, and unavoidably, Maduro then proceeded to rig Venezuela’s 2020 parliamentary elections, which the opposition boycotted, giving Maduro’s supporters overwhelming control of the National Assembly.  

President Joe Biden’s election brought a return of Obama-like policies toward Latin America, which downplayed Venezuela’s importance to the emerging Beijing-Moscow axis, or to Havana and Tehran. 

Meanwhile, now fully in control of Venezuela’s governmental institutions, Maduro systematically dismantled opposition parties. He intimidated anti-regime political leaders ahead of the next presidential election, disqualifying candidates such as Maria Corina Machado, the opposition’s main leader. 

Even as this repression was underway, the Biden administration made a deal with Maduro, weakening U.S. sanctions and making other concessions if Maduro committed to holding free and fair elections.  

This agreement simply accelerated Maduro’s election-rigging, while simultaneously benefiting the regime through loosened sanctions.  

After Venezuela’s July 28 presidential election, Maduro’s officials quickly declared him the winner. No one believed these assertions, not even Biden’s White House. Both the opposition and international observers believed Edmundo Gonzalez, the opposition candidate, had won a 2-1 majority.  

Given Maduro’s long record of dishonesty, this was all tragically foreseen, except by the Biden administration. Distracted by his own political troubles, and with the international coalition against Maduro (particularly the Western Hemisphere’s Lima Group) in disarray, Biden had no strategy to respond.

However, led by Reps. Mario Diaz-Balart (R-FL) and Debbie Wasserman Schultz (D-FL), Congress reacted quickly, and with strong bipartisan support, to recognize Gonzalez as Venezuela’s president-elect and reimpose U.S. sanctions. 

The White House followed, declaring Gonzalez the winner and abandoning its initial feckless call on Maduro to make public the Venezuelan vote-tally sheets proving he had won.  

Leftist regimes in Colombia, Brazil, Chile, and Mexico have so far waffled, not taking a public position on the outcome, and thereby providing Maduro oxygen. Reviving the Lima Group is now critical to show Western Hemisphere solidarity, but doing so requires urgent White House effort to get these important South American countries to recognize Gonzalez.

Without question, all previous American sanctions must be restored immediately, and more should be added. 

Venezuela is the right place to start dramatically enhancing U.S. sanctions enforcement: in resolve, capabilities, and resources. Targets of sanctions don’t meekly accept their fate, but do everything possible to evade or mitigate sanctions’ effects. Accordingly, U.S. enforcement must be dynamic, evolving ahead of targets’ efforts to escape the economic bullseye.  

The objective of U.S. and multilateral sanctions and other punitive steps against Maduro’s regime must have as their ultimate objective the defeat of “Chavismo” once and for all. Only by sweeping away Venezuela’s reigning ideology and returning government to its people will they have a meaningful chance to better their status, economically and politically, and reduce the heavy hand of foreign influence.  

Although some observers believe Maduro has been weakened, there is no sign his masters in Moscow, Havanna, et al., have gotten the memo. Ensuring that they do should also be a U.S. diplomatic priority.

America failed the Venezuelan people once before. We must not do so again.

John Bolton served as national security adviser to then-President Donald Trump between 2018 and 2019. Between 2005 and 2006, he served as U.S. ambassador to the United Nations.

This article was first published in the Washington Examiner on August 6, 2024. Click here to read the original article

Reflections on where things stand in the Iran-Israel war

If press reports are accurate, not only Hizballah, but Iran itself is preparing to launch an all-out attack on Israel. Reports are such an attack could include up to seven fronts, including Iraq, Syria, Lebanon, and the Houthis in Yemen let alone Iran itself, Gaza and the West Bank.   Clearly, it is likely that we stand on the precipice of the next phase in this war — the phase of the great and direct showdown between the Islamic Revolution of Iran regime and Israel.

And though the grave reality seizing headlines across the world, astonishingly most appear to be still missing how big this moment is.  

Iran faces a classic sunk investment — whatever money has been made is history, the net balance is now a loss and further clinging, let alone sinking, of more money into it is a growing loss.  Such is Iran’s great “ring of fire” war against Israel. The war started on October 7th  with an Iranian victory via proxy and immense growth of stature and influence — and an especially successful seizing of the direction of the region’s strategic and geopolitical momentum toward itself, its axis of rogue states, and its geopolitical great-power allies of Russia and China. But since Israel entered Rafah and severed Gaza off from the rest of the world by seizing the Philadelphia corridor, Iran’s successful war to redefine the region around its eclipsing power has crossed into retreat.  

The IDF is beginning to operationally reach peak performance, much as the U.S. armed forces did by the late spring of 1942.  

The IDF is now fielding weapons that did not exist half a year ago. It is a heavily trained force, well equipped, and morale remains astronomical. It is fielding power that is unimaginably far beyond anything it was in October 2023.  

Any further conflict — any form of Iranian escalation — thus invites an Israeli response that delivers gallopingly increasing marginal returns that ravage Iran’s assets and strength — from its proxies to forces on its own territory.  

Given how dangerous Israel has become, and given how the relative balance of military power is shifting toward the IDF, Tehran should be desperate to cut bait and walk away.  It should “take the win of October 7” and shut everything down.  

But it cannot. The humiliation at this point of these recent hits — Israel’s seizing the Philadelphia corridor and Rafiah, Muhammad Deif’s demise, Fouad Shukr’s demise, Ismail Haniyah’s demise, several top Hizballah operational sector heads’ demise — all devastated Iran’s initial success and have shifted the strategic momentum in this war.  

As such if these defeats are left unanswered by Iran’s regime, it exposes Tehran’s weakness, which in turn leads the Iranian people — who long ago divorced from their regime — to smell fear and impotence.  That is how repressive regimes fall.  

So, the ayatollahs of Tehran have to act and sink more into their investment of destroying Israel.  But the more they do, the more Israel musters yet further defeats and humiliations, the more Israel strengthens, the more it seizes strategic momentum and emerges as the strong horse of the area. This in turn whittles away ever more or outright demolishes Iran’s assets, real strength and reputation.  

The only thing that can save the regime in Tehran is an imposed ceasefire, which it might try to claim hampered it from its inevitable victory — which is receding faster than Yul Brenner’s hair line.

But the Ayatollahs cannot accept a ceasefire that leaves their most recent humiliations without retaliation, for which Israel is waiting to respond — likely in devastating ways against Iran itself.  So they face a Hobson’s choice with no good path forward.

Moreover, Iran has always managed to survive and strategically win by being far more sophisticated in the arts of manipulation and strategic seductions than their opponents. They are the masters of playing strategic chess, unrivaled by any on the face of the earth. But all these strategies that are anchored to manipulation depend on an opponent that is predictable, sane, and rational. Israel’s strategic behavior is increasingly possessed – – the genies have seized the mind of Israel to create a parenthesis much known” – – and this is unpredictable, wild, dangerous, and impossible to manipulate. It is in a moment like that, that the normally strategically sophisticated and supremely controlling Iranian strategy leads to a moment of frozen paralysis. Iran is forced to fall back on a pattern of what has worked before, but that is precisely what Israel’s being possessed by the genie has rendered useless.  Iran is thus strategically seized up and finds itself reacting to an unpredictable and unmanageable deadly rival — precisely the position it always wants to impose on its opponents rather than have imposed on it by them. Iran thus finds itself upside down and can only act — or rather react — out of habit rather than strategic intelligence.

We may be seeing the beginning of the end of the Iranian regime emerging since a regime whose sole currency is based on the employment of a reign of terror, burn whose impotence is being exposed, and facade weak, defeated and humiliated is a regime not long for this world.  

And if that happens …..

JD Vance is a disturbing choice for Vice-President

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Although widely expected, Donald Trump’s selection of  J.D. Vance as his  running mate is nonetheless profoundly disturbing in its implications for American foreign policy in a Trump presidency. Ronald Reagan and Barry Goldwater are turning in their graves.
Describing the substantive defects in the Trump-Vance approach could fill many pages of newsprint, but – taking Ukraine as an example – both men are disinterested, or openly disdainful, of assisting Kyiv’s defense against Russia’s unprovoked aggression. For Vance, the US lacks both the military assets and the defense-industrial base to be a global power, meaning it must concentrate its resources to defend against China.  
It is beyond debate that years of inadequate defense budgets have made Washington’s job harder. Bill Clinton’s eagerness (along with European governments) to cut military budgets after the Soviet Union’s collapse (the so-called “peace dividend”) and Barack Obama’s debilitating military budget cuts still need repair. But these are failures of will and resolve, typical of Democratic foreign policies, not inadequate assets. Trump should work to correct these deficiencies, not treat them as excuses for further reductions, thereby abandoning even more international positions of strength.
Ironically, Trump rejects Vance’s foundational ‘logic’. He is apparently unwilling even to defend Taiwan. As re centently said: “Taiwan doesn’t give us anything. [It’s] 9,500 miles away. It’s 68 miles away from China…China’s a massive piece of land, they could just bombard it…Taiwan should pay us for defense. You know, we’re no different than an insurance company.”
Isolationism combined with such incoherence is a toxic brew for US national security. But Vance’s nomination has additional implications beyond his and Trump’s poorly conceived statements.  
In Vance, Trump unmistakably named his heir-apparent, which he had heretofore resisted.  Many first-term officials and members of  Congress had hoped for that designation, but their hopes have now been dashed. The new reality may persuade many disappointed aspirants not to serve in a second Trump term.  They know that a VP’s influence in decision-making can be profound, especially when his personal chemistry with the President is as strong as that between Vance and Trump.  Working in the West Wing, just yards away from the Oval Office gives the VP’ a customary advantage of being the last person to speak with a President before a major decision. These advantages are not overcome even by running great Cabinet empires like Defense or State.
Accordingly, the small army of political figures considering becoming candidates for the 2028 Republican presidential nomination might be best served by remaining in Congress or the private sector rather than joining a second Trump term, allowing them to retain their distance in case of disaster in the next four years,  preserving their 2028 viability.
   Moreover, choosing Vance signals that Trump will not be “normalising” his policy or personnel decision-making in a second term. Non-Trump Republicans hoped desperately during his march to the 2024 nomination that a second Trump term would profit from the mistakes of his first. They longed for four years of consistent policy directions and sound implementation, rather than the first’s transactional, unpredictable neuron flashes.  Unfortunately for that dream, and the country, Trump clearly wants no troublesome subordinates, only yes-men and -women. Vance isn’t going to modulate Trump’s behavior.  He is no Mike Pence.
Trump wants undiluted personal loyalty in his post-election government team, at all levels. Vance craved Trump’s endorsement in his 2022 Senate primary, and his help in that year’s general election. He worked for the past two years to get into Trump’s inner circle, adopting his policies as he went.  He has now succeeded. As Chinese Communists describe their relationship with North Korean Communists: Trump and Vance are like lips and teeth.

This article was first published in the Daily Telegraph on July 20, 2024. Click here to read the original article.

Against the International Criminal Court – Lawless in the Hague

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Since the late 19th century, generally well-meaning idealists have tried to conjure an international judicial system that would transform diplomatic, military, and economic conflicts into legal disputes. Led by sensible legal experts (who, of course, thought as they did), the global rule of law would replace destructive strife. If the rule of law worked within nations, why shouldn’t it work internationally? Whether parading under the banner of “world government,” “global governance,” or “the rules-based international order,” this blinkered, reductionist view of foreign affairs always includes a judicial component.

After World War II, the pace quickened. The United Nations Charter created the International Court of Justice (ICJ), to which nations could bring their disputes, replacing the failed Permanent Court of International Justice (formed by the Treaty of Versailles as an adjunct of the League of Nations). No one noticed the irony. The charter admonished the Security Council “that legal disputes should as a general rule be referred by the parties” to the ICJ (Article 36), and U.N. members agreed to comply with ICJ decisions in cases to which they were parties.

Contemporaneously, the victorious Allies established the Nuremberg and Tokyo tribunals to try allegations of “crimes against peace,” war crimes, and “gross abuses of human rights” committed by Germany and Japan. These tribunals were controversial even in their day, faulted for trying ex post facto charges (thereby violating the principle Nullum crimen sine lege, “No crime without law”), for being “show trials” with largely predetermined outcomes, and for constituting mere “victors’ justice.”

Advocates of judicializing international affairs wanted more, and in 1998, by the Statute of Rome, established the International Criminal Court (ICC), seated in The Hague near the ICJ. The European Union and Bill Clinton were ardent supporters of the treaty. Clinton signed it in his administration’s waning hours, knowing there was no chance of Senate ratification. His chief negotiator described the ICC as “the ultimate weapon of international judicial intervention” and “a shiny new hammer to swing in the years ahead.” George W. Bush reversed course, ordering the treaty unsigned in 2002, effectively ending any prospect of U.S. membership far into the future. India, Russia, and China, among others, also did not join.

American opposition to both the ICC and the Rome Statute’s substantive provisions (defining four crimes: genocide, aggression, war crimes, and crimes against humanity) was hardly confined to the Bush administration. Shortly after the statute entered into force, Congress enacted the American Service-Members’ Protection Act, authorizing, among other things, “all means necessary and appropriate” to release Americans held by or on behalf of the ICC. For good reason, it was dubbed the “Hague Invasion Act.” 

Simultaneously, President Bush launched a global campaign under the statute’s Article 98 to prevent U.S. citizens from being turned over to the ICC, in time securing agreements with over 100 nations. The Trump administration made further efforts to protect U.S. interests, although Joe Biden has abandoned many of them.

The ICC’s flaws are too numerous for one brief article. Fundamentally, the very concept of the ICC is illegitimate, an utterly unwarranted derogation of our constitutional, democratic sovereignty by an unaccountable entity operating in an international void. The court is not part of a coherent international-order structure. It is simply “out there” pretending to be a court in a pretend constitutional system that lacks even a pretend legislature to make laws and a pretend executive to enforce them. The ICC combines all three branches of government authority into one body, defying every American concept of separation of powers and the “structural constitutionalism” the Framers believed so critical to protecting our freedoms. Though ICC supporters claim it as vital, it is precisely this consolidating of functions that makes the court most dangerous.

The ICC is not checked anywhere in its jurisdictional reach, its legal conclusions, or its prosecutorial discretion. ICC supporters argue that its member governments ultimately control the judges and the prosecutor, but that is entirely theoretical. So far-reaching is the ICC’s purported jurisdiction that it applies even to nonmembers such as the United States and Israel when alleged crimes are committed on the territory of a state that is party to the Rome Statute. When such nonmembers try to protect themselves against the ICC’s excesses, they are accused of interfering with its independence. While the ICJ decides cases among nations, the ICC purports to exercise jurisdiction directly over individuals, authority no prior international organization ever claimed. Americans fought a revolution against such usurpations.

ICC advocates believe that if they just pretend hard enough, real governments will come to accept the prosecutor’s unaccountable decisions and follow the ICC’s orders. Unfortunately, for over two decades, it has been the court and its prosecutor that have done most of the pretending. Nonetheless, Westerners especially have a childlike capacity to pretend; they see hope in the ICC where potential aggressors see only opportunity. Those whom the threat of prosecution and punishment is supposed to deter have not been impressed, an outcome surprising to ICC partisans but not to history’s hard men. The likes of Vladimir Putin, Xi Jinping, Kim Jong-un, and Ayatollah Khamenei couldn’t care less about the threat of “legal” consequences for their actions.

The ICC’s most dangerous component is its essentially unaccountable prosecutor, whose extraordinary leeway makes U.S. “independent counsels” look tame. As with the Nuremberg and Tokyo tribunals, the Rome Statute’s substantive crimes are vaguely stated, written in broad and sweeping diplomatic prose. They do not pass muster by American standards, which require clarity and precision in criminal statutes in order to give citizens notice of what prohibitions and obligations they face. The Supreme Court has long employed the “void for vagueness” doctrine to declare unconstitutional laws that afford too much discretion to prosecutors, impermissibly putting citizens at risk of prosecution for crimes they never understood existed.

Turned loose on the Rome Statute’s definitions of crimes, U.S. courts would not hesitate to declare much of them unacceptably vague. Moreover, the statute’s drafters openly advocated expanding the list of criminal prohibitions as the prosecutor and the ICC confronted new circumstances. Here, of course, the lack of separated powers and checks and balances figures importantly. It is one thing for a popularly elected legislature to enact new criminal laws but quite another for a prosecutor accountable to the ICC alone, and a court accountable to no one, to do so, especially where the ex post facto issue arises every time a new “crime” is detected. Nor are defendants protected by jury trials, as our Sixth Amendment requires; cases are tried instead before panels of the court, juries being so 18th-century to the statute’s drafters.

ICC supporters believe that many of these concerns are overstated because of the doctrine of “complementarity.” Embodied in the statute’s Article 17, complementarity means theoretically that jurisdiction to handle serious international crimes lies primarily in member states, with the ICC involved only rarely. Although reasonable-sounding, complementarity is not some well-settled principle of international law. It is simply an academic theory, carrying about as much force in the real world as most such fantasies. In practice, the ICC decides whether states have sufficiently met their obligations, and if not, the ICC will act. States are subordinated to the ICC’s unreviewable decisions, period. This is as plain a usurpation of sovereignty, especially from constitutional democracies, as one can imagine. What other countries accept is up to them, but America bends its knee to the ICC at its own peril.

Concern about the mirage of complementarity is not hypothetical. The prosecutor’s recent decision to seek arrest warrants against Israeli prime minister Benjamin Netanyahu and defense minister Yoav Gallant, along with two Hamas officials, amid the ongoing conflict in Gaza (and other Iranian-backed terrorist threats against Israel) was a fire bell in the night that complementarity was no protection at all. Moreover, by interfering in the heat of battle, the ICC undoubtedly made resolving the war politically more difficult, all the while exhibiting the stench of moral equivalence by seeking arrest warrants against both sides as if they were equally culpable. Similar concerns apply to the prosecutor’s decision to proceed against Vladimir Putin and then–Russian defense minister Sergei Shoigu in the ongoing Ukraine conflict. Who holds the ICC to account for these unilateral decisions? The precedent for irresponsible interference in future conflicts is unmistakable.

The solution is to treat questions of whether and when to prosecute internationally as unique to their circumstances. Prosecution über alles is not the answer. Nations should take responsibility for their own citizens’ crimes even if that is impossible until there is regime change in the offending state. That may mean justice delayed, but international probity will ultimately increase only when nations accept responsibility for crimes committed in their names. Merely that the ICC can try cases more immediately is no answer. The hard reality is that many (perhaps most) contemporaneous ICC trials would be in absentia, which simply fuels grievances that provoke future conflicts. Who, for example, believes that trying Putin in absentia would increase global peace and security? The most grievous crimes ultimately require international resolution in broad political terms, not narrow legal ones. The ICC cannot bear that burden.

For Americans, the fundamental question is how to protect ourselves and our allies from this illegitimate court and prosecutor. During two decades of operation, the concerns expressed while the Rome Statute was being negotiated have too frequently become realities. “Fixes” to the ICC, of whatever magnitude, will not suffice. The institution itself is irreparably flawed.

Sporadic U.S. cooperation with ICC investigations is potentially dangerous. Indeed, the most insidious temptation is for Washington to assist the ICC when the likely accused nation is discernibly evil. In George W. Bush’s second term, for example, the United States cooperated with the ICC in the Darfur conflict and more broadly. Barack Obama found numerous opportunities, including in Kenya, Libya, and the former Zaire. Under Joe Biden, with the support of several congressional Republicans, U.S. cooperation with and rhetorical support for the ICC advanced to its highest levels, especially regarding multiple allegations of Russian war crimes in Ukraine.

Although such cooperation has not to date increased the chance that Washington will join, the risk is still real, and the allegation of hypocrisy hard to ignore. The unpleasant reality is that U.S. cooperation with the ICC when it suits us is hypocritical and ultimately damaging to America’s principled case against the ICC’s legitimacy. Biden personally demonstrated the hypocrisy when he criticized the prosecutor’s pursuit of senior Israeli officials while simultaneously supporting the ICC investigation of Russian crimes in Ukraine.

The only safe and conscientious American approach is what I have long called the “three noes”: no U.S. cooperation of any sort with the ICC, no direct or indirect financial contributions to the ICC, and no negotiations with other governments to “improve” the Rome Statute. We should continue and expand our efforts, especially with European Union members, to obtain Article 98 agreements to protect U.S. citizens. And we should continuously reexamine the adequacy of our weapons against ICC efforts to investigate American conduct.

This zombie organization cannot ultimately survive without American support. We shouldn’t give it oxygen.

This article appears as “Lawless in The Hague” in the September 2024 print edition of National Review.

John R. Bolton served as national-security adviser to President Donald Trump and as U.S. ambassador to the United Nations under President George W. Bush. He is the author of The Room Where It Happened.

This article was first published in The National Review on July 25, 2024. Click here to read the original article.