North Korea comes to Europe: How will the next president respond? ​

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The threat of North Korea fighting alongside Russia in Ukraine is no longer a nightmare, but a real possibility. Two weeks ago, Kyiv said Pyongyang’s soldiers were already in Ukraine and had sustained casualties. Now the Biden administration has confirmed that 10,000 North Korean troops are training in Russia, adding that they will be “fair game” if deployed to Ukraine.

As Election Day approaches, voters should worry whether either Vice President Kamala Harris or former President Donald Trump are awake to and able to handle this immediate danger and its longer-term implications.

Having Pyongyang’s forces fighting in Ukraine would both bolster Moscow tactically and provide those troops with battlefield experience, greatly benefitting them in future conflicts on the Korean Peninsula. Moreover, the risk that, in return, the Kremlin supplies Kim Jong Un with nuclear-weapons and ballistic-missile technology — if it hasn’t already — directly imperils South Korea, Japan and deployed U.S. forces in the region.

By contrast, in 2018, Trump canceled regular U.S.-South Korean “war games” to please Kim, thus compromising allied combat readiness. In a tense environment, where the U.S.-South Korean troops’ preparedness mantra is “Fight Tonight,” this is crucial.

There is no sign that Trump understands his mistake. And Harris’s thoughts on Pyongyang’s menace appear to be a blank slate.

South Korea is hardly standing idly by. Having previously sold tanks, artillery and ammunition to Poland, President Yoon Suk Yeol is currently considering selling weapons to Ukraine. Additionally, Pyongyang’s growing closeness to Moscow, and fears of Washington’s fecklessness, will only increase Seoul’s ongoing debate about whether to acquire an independent nuclear-weapons capability. We are well into uncharted territory.

The broader threat is not just North Korea but the emerging China-Russia axis, now widely understood as a reality, not a prediction. While similar in appearance to the Cold War’s Sino-Soviet alliance, today’s version differs dramatically: China this time is inarguably the dominant partner. The axis is far from fully formed. Disagreements and tensions clearly exist, notably over Pyongyang’s increasing affinity for Russia, as Kim emulates his grandfather Kim Il Sung’s uncanny ability to play Moscow off against Beijing.

Contemporaneously with Kim and Vladimir Putin locking step, the Kremlin is also reportedly supplying Yemen’s Iran-backed Houthis with targeting data, thereby augmenting its campaign to effectively close the Suez Canal-Red Sea maritime passage (other than to “friendly” vessels like Russian tankers). Thus, notwithstanding its problems and quirks, the axis and its outriders are rolling along.

Worryingly, however, one variety of America’s contemporary isolationist virus, epitomized by vice presidential nominee Sen. J.D. Vance (R-Ohio), holds that the Middle East and Europe should be downgraded as U.S. priorities in order to focus on China’s threat in Asia, particularly against Taiwan. This menace is indeed real, but far wider than just endangering Taiwan or East Asia generally. While not yet comprehensive or entirely consistent internally, the Beijing-Moscow hazard is worldwide.

Worst of all, the latest manifestation of Beijing’s sustained, aggressive military buildup is the new projection that China’s nuclear-weapons arsenal will reach 1,000 warheads by 2030, much earlier than previous predictions. Increasing Chinese nuclear capabilities portend a tripolar nuclear world, one radically different and inherently riskier and more uncertain that the Cold War’s bipolar U.S.-USSR faceoff.

This is not simply a new U.S.-China problem. All our assessments about appropriately sizing America’s nuclear deterrent, allocating it within the nuclear triad (land-based and submarine-launched ballistic missiles, plus long-range bombers), along with all our theories of deterrence and arms control, were founded on the basic reality of bipolarity. Impending tripolarity means that all those issues need to be reconceptualized for America’s security, not to mention the extended deterrence we provide our allies.

Do we face one combined China-Russia nuclear threat, or two separate threats? Or both? The questions only get harder. This is not an Asia-based risk, but a global one, inevitably implying substantial budget increases for new or rehabilitated nuclear weapons and delivery systems.

Responding to North Korea with yet another four years of “strategic patience” — the Obama and Biden do-nothing policy — is both wrongheaded and increasingly dangerous. As for China, focusing on securing bilateral climate-change agreements, Biden’s highest priority, is wholly inadequate. Even where his administration acted strategically — enhancing the Asian Security Quad, endorsing the AUKUS nuclear-submarine project, agreeing to trilateral military activity with Japan and South Korea — Biden demonstrated little sense of urgency or focus.

Surely the image of Pyongyang fighting Kyiv should jar both the simplistic premises of “East Asia only” theorists and the quietude of Biden-Harris supporters. We must immediately overcome any remaining French and German objections to increasing NATO coordination with Japan, South Korea and others, including ultimately joining NATO, as former Spanish Prime Minister José Maria Aznar suggested years ago. Existing Asia-based initiatives like the Quad, AUKUS and closer military cooperation among America’s allies need to be rocket-boosted.

We need a president who understands the importance of American leadership and has the resolve to pursue it. Let’s pray we get one.

This article was first published in The Hill on October 30, 2024. Click here to read the original article.

What Next in the Middle East?

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One year after Hamas launched Iran’s “Ring of Fire” strategy with a barbaric attack against Israeli civilians, the Middle East has changed significantly.  Now, the world awaits Jerusalem’s response to Tehran’s ballistic-missile attack last week, the largest such attack in history.  It was the current war’s second military assault directly from Iranian territory against Israel, the first being April’s combined drone and ballistic/cruise missile barrage.  We do not know how Prime Minister Bibi Netanyahu will respond, but it is nearly certain Israel’s answer will be far stronger than in April.

Meanwhile, Iran’s Ring of Fire is clearly failing.  Israel is systematically destroying Hamas and Hezbollah, two critical foundations of Iran’s terrorist power.  Whatever now happens between Jerusalem and Tehran, Iran’s efforts to debilitate Israel —  and potentially the Gulf Arab states  —  with terrorist and conventional military assets may well suffer irreversible defeat.

According to Israel, 23 of 24 Hamas combat battalions have been destroyed, and what’s left remains under attack.  Numerous Hamas leaders have been killed, not the least being Ismael Haniyeh in a supposedly secure compound in the heart of Tehran.  Yahyah Sinwar remains at large;  Hamas still holds Israeli civilian hostages;  and Gaza’s enormous underground fortress is still partially in Hamas hands, but the ending is increasingly clear.

Hezbollah is still in the process of being destroyed.  Israel’s killing of Hassan Nasrullah is already a turning point in Middle East history, so great was the shock in Lebanon and beyond.  As effectively as against Hamas, or perhaps more, Jerusalem is relentlessly decapitating Hezbollah’s leadership, eliminating officials even as they are being promoted to the fill vacancies left by dead colleagues.  Israel also claims to have destroyed half of Hezbollah’s enormous arsenal of missiles and launchers.  That estimate seems high, and in any case leaves significant work remaining against Hezbollah’s estimated  inventory of up to 150,000 missiles.  Nonetheless, with Nasrullah’s demise and with its leadership decimated, Hezbollah is reeling.

The Gulf Arab states and others should now be considering what the future holds for the people of Lebanon and Gaza without Hezbollah and Hamas.  What has been unthinkable for decades may now be within sight.  As long as Hezbollah, the world’s largest terrorist group, controlled Lebanon and its government, there was no possibility to achieve political freedom and stability.  Given the prospect of Hezbollah’s eradication as both a political and military force, urgent attention is required to the possibility of a society without intimidation and control from Iran.  Lebanon with Hezbollah could and should be a very different place.

Gaza, although smaller, is more complicated.  Palestinians are the only major refugee population since World War II that has not benefitted from the basic humanitarian principle of either returning to their country of origin or being resettled.  Palestinians are, unfortunately for them, the exception, not the norm.  The international community needs to confront the reality that Gaza is not and never will be a viable economic entity, even if some distant day combined as a state with “islands” on the West Bank.  Far better, once Hamas is on history’s ash heap, to treat Gazans more humanely than simply being shields for their terrorist masters.  It makes no sense to rebuild Gaza as a high-rise refugee camp.  The most humane future for innocent Gazans is resettlement in functioning economies where their children have the prospect of a normal future.

Although Gaza and Lebanon have something to look forward to, the same cannot yet be said, sadly, for Yemen, Syria and Iraq.  Yemen’s Houthi terrorists and Iranian-backed Shia militias in Syria and Iraq remain largely untouched after October 7.  That should change.

Although the Houthis have launched missiles and drones against Israel, and Israel has retaliated, the Houthis main contribution to Iran’s Ring of Fire has been effectively closing the Suez Canal-Red Sea maritime passage.  This blockade has been extremely harmful to Egypt through lost Suez Canal transit fees, and has hurt the wider world by significantly increasing shipping costs.  A clear violation of the principle of freedom of the seas, the major maritime powers would be fully warranted to correct it through force, with or without UN Security Council approval.

For the United States, freedom of the seas has been a major element of national security even before the thirteen colonies became independent.  In the last two centuries, America and the United Kingdom led global efforts to defend the freedom of the seas, and should do so now, eliminating the ongoing Houthi anti-shipping aggression.  Cutting off Iran’s supply of missiles and drones is a first step, coupled with destroying existing Houthi stockpiles.  Washington’s opposition to prior efforts by Saudi Arabia and the UAE to defeat the terrorists was misguided and should be reversed.  Destroying Houthi military capabilities would afford Yemen the same opportunities now opening for Lebanon and Gaza, and should be urgently pursued.

In Iraq and Syria, as Iran’s power fades (and may well fade dramatically after Israel’s coming retaliation), action against the Iran-backed Shia militias should be the highest priority.  In such circumstances, Baghdad at least may well think twice before demanding that the few remaining US forces still in Iraq and Syria be removed.

For Iran itself, loss of its terrorist proxies, after having invested billions of dollars over decades to build the terrorist infrastructure, will be a dramatic reversal of fortune.  If Iran’s nuclear program is similarly devastated, the threat Iran has posed by seeking to achieve hegemony in the Middle East and within the Islamic world will likely be impossible for the foreseeable future.  In these circumstances, the people of Iran may finally be able to achieve the downfall of the ayatollahs and the creation of representative government.  It is far too early to be confident of such an outcome, but it is not too early to hope for it.

This article was first published in Independent Arabia on October 7, 2024. Click here to read the original article.

Operation Grim Beeper

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Israel’s stunning attacks on Hezbollah via exploding pagers and walkie-talkies demonstrate both the creativity and cunning of its intelligence and defense forces, and their capacity to strike deep into the heart of its adversaries’ domains.  The casualties among Hezbollah’s top leadership (and allies, like Iran’s Ambassador to Lebanon) plus the significant near-term degradation of Hezbollah’s internal command-and-control, make it conspicuously vulnerable.

For Americans, the death of senior Hezbollah leader Ibrahim Aqeel is especially significant.  He was responsible for the 1983 bombings of the US embassy in West Beirut, and of barracks for US Marines and French soldiers participating in a multilateral peacekeeping force, at the government of  Lebanon’s invitation.  At least partial justice has been done.

Together with the recent elimination of Hamas leader Ismael Haniyah in a supposedly secure compound in Tehran, Israel has almost certainly unnerved Iran, its principal enemy, as well as the terrorist proxies directly targeted.  While the future is uncertain, now is a perfect opportunity for Israel to take far more significant reprisals against Iran and all its terrorist proxies for the “Ring of Fire” strategy.  Iran’s nuclear-weapons program may now finally be at risk.

Where does the Middle East battlefield now stand?

After “Operation Grim Beeper,” as many now call it, Jerusalem launched major strikes against Hezbollah targets in Lebanon.  Whether these strikes have concluded, or whether they are the opening phases of a much larger anti-terrorist efforts, is not clear.  These and other recent kinetic strikes have caused further damage to Hezbollah’s leadership and its offensive capacity.

Nonetheless, Hezbollah’s extraordinary arsenal of missiles, largely supplied or financed by Iran, plus their ground forces and tunnels networks in the Bekka Valley and elsewhere in Lebanon, make it a continuing threat, more dangerous near-term to Israel than even Iran. The CIA publicly estimates the terrorists could have “as many as 150,000 missiles and rockets of various types.”  Many believe it is a matter of simple self-preservation that Israel must neutralize Hezbollah before any significant military steps are taken against Iran itself.

Since October 8, the day after Hamas’s barbaric attack on Israel, Hezbollah’s constant missile and artillery barrages into northern Israel have forced approximately 60,000 citizens to evacuate their residences, farms and businesses.  Because of the extensive economic dislocation, and the continuing danger of further destruction of the abandoned properties, on September 16, Israel declared that returning those forced to flee from the north to be a national war goal.  That could well signal further strikes.  Israel has maintained near-perfect operational security for nearly a year;  no one on the outside can predict with certainty what is coming.

As for Hamas, a less-reported but equally significant development is that the Biden administration seems to have largely given up hope of negotiating a cease-fire in the Gaza conflict, at least before November’s presidential election.  In fact, Israel and Hamas had opposing goals that could not be compromised.  Israel was prepared to accept a brief cease fire and releasing some Palestinian prisoners, in exchange for its hostages, whereas Hamas wanted a definitive end to hostilities, with all Israeli forces withdrawing from Gaza.  Almost certainly, there was never to be a meeting of minds.

Accordingly, Israel’s  pursuit of Hamas’s remaining top leadership and the ongoing efforts to degrade and destroy its combat capabilities will continue.  Moreover, operations to destroy Hamas’s extraordinarily extensive fortifications under Gaza will also continue, aimed at totally destroying every cubic inch of the tunnel system.  Thus, at least for now, Iran’s initial sally in the Ring of Fire strategy is on the way to ignominious defeat.  Tehran’s dominance in Gaza has brought only ruin.

By contrast, Yemen’s Houthi terrorists, with Iran’s full material support and political direction, continue to close the Suez Canal-Red Sea passage to most traffic, while also targeting US drones in international airspace.  This blockage us causing significant economic hardships.  In the region, Egypt is suffering major declines in government revenue from lost Suez Canal transit fees, which can only increase economic hardships for its civilian population.  Worldwide, the higher costs of goods that must now be transported around the Horn of Africa are burdening countless countries, all with impunity for the Houthis and Iran.

Allowing Tehran and its terrorist proxies to keep these vital maritime passages closed is flatly unacceptable.  Even before the United States was independent, freedom of the seas was a key principle of the colonies’ security.  As with many other aspects of Iran’s Ring of Fire strategy, the Biden administration has been wringing its hands, not taking or supporting decisive  action to clear these sea lines of communication.  Whether the next US President continues the current ineffective approach will obviously not be known until after January 20, 2025.

Similarly, the United States has failed to exact significant retribution against Iran and the Shia militias in Iraq and Syria, also largely armed and equipped by Iran, that have conducted over 170 attacks on American civilian and military personnel since October 7.  The Biden administration has effectively left these diplomats, soldiers and contractors at continuing risk, especially as tensions and increased military activity in the Ring of Fire area of operations escalate.  An Iranian or Shia militia attack that inflicted serious American casualties, which is unfortunately entirely possible due to the Biden administration’s passivity, could prompt major US retaliation, perhaps directly against Iran.

Tehran’s mullahs remain the central threat to peace and security in the Middle East.  As its terrorist surrogates are steadily degraded, and the Ring of Fire Strategy increasingly unravels, the prospects for direct attacks on Iran’s air defenses, its oil-and-gas production facilities, its military installations, and even its nuclear-weapons and ballistic-missile programs steadily increase,  Moreover, as Iran’s deeply discontented civilian population sees increasingly that the ayatollahs are more interested in religious extremism than the welfare of their fellow citizens, internal dissent  against the regime will increase.  The real question, therefore, is whether Iran’s Islamic Revolution will outlast its current Supreme Leader.

This article was first published in Independent Arabia 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.

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

What Netanyahu’s visit showed about the future of the U.S.-Israel relationship

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Israeli Prime Minister Benjamin Netanyahu’s visit to America last week reflected long-term pluses and minuses for the U.S.-Israel relationship. The historical relationship between Israel and the Democratic Party hit its lowest point ever, while that between Republicans and Israel has never been stronger. Driving these developments are tectonic shifts of power and demographics among Democrats and, even more importantly, tectonic shifts in Israeli public opinion about how to achieve lasting peace and security.

Netanyahu’s address to a joint session of Congress echoed both alterations. His Gaza objectives were clear: “Israel will fight until we destroy Hamas’s military capabilities and its rule in Gaza and bring all our hostages home. That’s what total victory means, and we will settle for nothing less.”

The prime minister rightly laid responsibility for the threats facing Israel on Iran, the principal menace to Middle Eastern stability. This reality has still not sunk in with Democrats, particularly in the Biden White House. In Israel today, whatever Netanyahu’s personal popularity, there is little debate on these points.

America’s core national interest in supporting Israel against Iran and its terrorist surrogates is more than religious, historical and cultural. Iran’s nuclear and terrorist threats both currently manifest themselves in the Hamas war against Israel, the “little Satan,” but Tehran also targets America, the “great Satan.” Gaza is not the main battleground, but merely one front of Tehran’s threat, which Netanyahu spelled out clearly, yet again. And yet again, the Democratic establishment didn’t get it. Fortunately for Israel, most Americans do.

Netanyahu’s meeting with President Biden was apparently workmanlike, focusing on Biden’s continuing, misbegotten pursuit of a cease-fire-for-hostages deal between Hamas and Israel. Ominously for Netanyahu, however, Biden has already moved far away from the “ironclad” support for Israel he pledged shortly after Hamas’s barbaric Oct. 7 attack. Inevitably, the leaders’ meeting reflected the unrelenting, unprecedented pressure the White House has put on Jerusalem to end the Gaza conflict.

When still a candidate for reelection, Biden wanted the Middle East (and Ukraine) off the front pages, hoping to conceal the spreading global chaos caused by his own foreign policy’s grave weaknesses. Biden also wanted to avoid offending tender Iranian or Russian sensitivities, lest increased global oil prices reignite inflation, thereby diminishing his waning chances of victory in November. Although Biden is now a lame duck, his and Vice President Kamala Harris’s interests still converge on this point.

For Israel, Biden truly is a transitional president, the last vestige of President Harry Truman’s pride that the U.S. was first to recognize Israel’s independence. Those days are over. As Netanyahu said to Congress, Biden described himself as “a proud Irish-American Zionist.” Vice President Harris is not a proud Zionist of any variety, which, if not already clear, became so in her Netanyahu meeting, evidenced by her frosty manner and both her public and private remarks.

Afterward, Harris said, “let’s get the deal done so we can get a cease-fire to end the war.” Easy to say if eliminating Hamas’s threat (let alone Iran’s) isn’t your foundational objective. But Harris wasn’t finished. She proclaimed that she would “not be silent” about suffering Gazans, although if suffering Gazans were her true concern, she would be pressuring Hamas, not Israel.

Hamas, after all, turned Gaza into an underground fortress at the expense of its civilians, whom it has used ruthlessly as human shields. Failing to acknowledge this reality effectively endorses a terrorist veto against Israel’s right of self-defense. Let Harris explain that during the campaign’s final 100 days.

The Democrats’ split with Israel mirrors Britain’s new Labour Party government. Labour has a long, disturbing history of antisemitism and doubtful support for Israel, and once again disdains the Jewish state. Last week, Prime Minister Keir Starmer pleased Labour’s hard left by lifting U.K. objections to the International Criminal Court’s prosecutor seeking arrest warrants for Netanyahu and others. Another question for reporters to ask Harris: Does she support Biden’s continuing opposition to the warrants?

Netanyahu’s meeting with Donald Trump was no picnic either. The day before, Trump said, “I want him to finish up [in Gaza] and get it done quickly. They are getting decimated with this publicity. Israel is not really good at public relations, I’ll tell you that.” It suits Trump politically to pretend that his personal relationship with Netanyahu was always good, and the meeting provided Trump an excellent opportunity to recall his presidency’s pro-Israel decisions, like moving the American embassy from Tel Aviv to Jerusalem.

The risk underlying these comments, like similar Trump remarks recently, is not abstract concern about Israel losing the propaganda war with Iran and Hamas. Instead, Trump fears that his pro-Israel stance is now bringing him political costs rather than benefits, which is not how Trump thinks the world should work. His interests alone dictate his political positions, so Israel needs to shape up and stop troubling his already difficult presidential campaign.

Post-visit, Netanyahu and Israel have a better picture of the troubling tendencies of America’s three most important political leaders before Election Day. Whether Harris or Trump wins, Jerusalem’s relations with Washington will be more difficult. This is not the road America should be on, but these are the candidates we have, and one of them will prevail in November.

This article was first published in The Hill on July 30, 2024. Click here to read the original article.

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.