There is a legal standing for the moves of the International Criminal Court, observes Ambassador KP Fabian 

K P Fabian

Ambassador KP Fabian, served in the Indian Foreign Service from 1964 to 2000. His last posting was in Rome, as Ambassador to Italy and Permanent Representative to UN Organizations including FAO (Food and Agriculture Organization), WFP (World Food Programme), and IFAD (International Fund for Agricultural Development).  He was in Iran from 1976 to 1979 witnessing the Iranian Revolution at close quarters.  He was Ambassador to Qatar and Finland too, apart from being Acting High Commissioner in Canada during the assassination of Indira Gandhi , and the crash of AI flight caused by bomb kept by Khalistanis.  

His Published works include : ‘Common Sense on War on Iraq’, ‘Diplomacy: Indian Style, ‘India in the 21st century’, ‘The Arab Spring That Was and Wasn’t’. Currently, Ambassador Fabian is Professor at Symbiosis and at Indian Society of International Law. 

In an interview with Abhish K. Bose, he discusses the latest moves of the International Criminal Court against Israel political leadership and related issues.  

Excerpts from the interview 

A Prosecutor at the International Criminal Court( ICC) maintained that he will demand for the arrest of Israeli Prime Minister Benjamin Netanyahu for his role in the Israel – Hamas conflagration. Since Israel is not a member of the ICC is there any sound legal background for the moves of the ICC?  

KP Fabian  :  Yes, there is a legal standing to the moves of ICC. The crimes have occurred in the State of Palestine which has signed Rome Statute establishing ICC.ICC warrants prevented Putin from attending  conference in South Africa. However. the Sudanese general, Omar Hassan Ahmad Al Bashir, who was in power from 1989 till 2019 did attend conferences in Africa despite the ICC issued arrest warrants against him.  

Ebrahim Raisi’s death happened at a time when Iran was strategically strengthening its alliances with its non-Arab neighbours in a bid to counterbalance Israel’s influence on the Arab nations in the Middle East. Is this death a blow to the prospects of Iran in building alliance against Israel? 

KP Fabian   :  No. Iran’s policy is decided by Ayatollah Khamenei and not by President. Iran is facing more internal turmoil and it is likely that the voting percentage might be lower than in the previous election when R was elected. That was about 41%.  

 Why is the U.S. not brokering peace on the standoff amidst Israel and Hamas even though it has put the entire region in danger? Is there any interest for the U.S. in prolonging the war?   

KP Fabian  :  US role is “iron-clad” support to Israel that includes conducting a genocidal war as is evident by now. Funds are not an issue as the military-industrial-Congressional complex benefits and employment is increased.  

The conflict between Israel and Hamas and the subsequent involvement of Houthis of Yemen, has been affecting the safety of maritime commercial traffic in the Indian Ocean, including in the neighbourhood of India, directly impacting the country’s energy and economic interests. What will be the extent of the losses to India and South Asia as a result of this?

KP Fabian  :  It is for Ministry of Commerce and Foreign Trade to come out with figures.   

Flouting the order of the International Court of Justice (ICJ) to seize attacks at Rafah, the Israeli military continued its onslaught in the place killing many. The ICJ ruling, the third of its kind this year, ordered Israel to halt its offensive causing danger to some 1.4 million Palestinians taking shelter in Rafah, the southern most part of Gaza. With ICJ diktat becoming ineffective who will rein in the war and aggressive Israel and what if the Israeli stand was taken as a precedent by other countries? 

KP Fabian  :  ICJ verdicts can be implemented by Security Council -article 94.But SC cannot act unless the veto-vielding US permits it. In short only Biden can make Israel behave and he is unwilling to exercise his presidential responsibilities till now.

The war is set to aggravate inflation rate in the global economy and the rise in the price of crude oil. How long it will take to compensate the bearing of the war?  

KP Fabian  :  You are assuming the war will end soon. Are you sure?  

Though the United Nations has enunciated a partition plan for a separate country for the Palestinians since 1947, till date no permanent solution was arrived at.  What is the US role in delaying the decision? 

KP Fabian  :  The Zionists aborted the birth of the State of Palestine by resorting to violence often tantamount to terrorism and Washington stood by them. The Camp David and Oslo Accords were a charade.

Abhish K Bose is a journalist with fifteen of years of experience Abhish K Bose was a staffer at The Times of India and The Deccan Chronicle – Asian Age. As a contributor, his interviews and articles have been published in Frontline magazine, Outlook.com The Wire, The Print, The Telegraph, The Federal, The News Minute, Scroll,  Countercurrents.org, The Kochi Post and the Asian Lite international published out of Manchester.

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