May 30, 2024
Dear Editor:
This week the International Court of Justice (ICJ) ruled that Israel must cease its operation in Gaza. Last week, the International Criminal Court (ICC) issued arrest warrants for Benjamin Netanyahu and Yoav Gallant of Israel. First, Israel is justified in going to war against Hamas. Second, the ICJ and ICC are wrong and immoral in their actions. I want to lay out my case.
Israel was attacked, its citizens killed, kidnapped, raped, and babies beheaded. Just as we, as individuals, have the right of self-defense, Israel too has the right to defend herself. This is especially true when her enemies vowed “from the river to the sea,” meaning to annihilate the entire country of Israel along with all the Jews. Israel is waging a just war of self-preservation.
The ICJ and ICC, on the other hand, are neither legitimate nor moral. Both are “organs” of the UN, with the ICC adjudicating issues against individuals and the ICJ (also known as the World Court) adjudicating against nations. I have seen enough advertisements advocating for the United States to exit the UN to realize that the UN’s purpose is one of diplomacy. In other words, the UN has no power other than diplomacy; i.e. to talk and negotiate.
One would say, if the UN, the ICJ, and the ICC have no real power, what harm would it do to just let them do whatever?
In a weekly class offered by Patriots for Liberty and Constitution, I opined that the Supreme Court of the United States, originally envisioned to be the weakest of the three branches of the Federal Government, has grown to be the most powerful one. They achieved that through careful rulings that rather than adjudicating justice, were self-serving and ultimately grabbed power not delegated to them by the Constitution.
Take the Case of Marbury v Madison for an example. Right before John Adams left office, he appointed William Marbury to be the next Secretary of State. The following president, Thomas Jefferson, did not want Marbury, so Jefferson appointed James Madison instead. The case was brought before the Supreme Court, with John Marshall as Chief Justice. Marshall was the cousin of Thomas Jefferson, but the two were polar opposites in their political views. Jefferson, who was intimately familiar with the Constitution, affirmed that the Executive Branch is separate from the Judicial Branch, and the Supreme Court has no jurisdiction over the Executive Branch. Jefferson ordered that his cabinet not even show up to the court to argue the case.
Marshall knew that if he were to go against Jefferson, the Court would lose. So, he ruled in favor of Jefferson. But, Marshall also added a few extra-Constitutional clauses: the Judicial Review clause and the right of the Secretary of State to not appear in front of the Supreme Court. Nowhere in the Constitution are these clauses found. They are fabricated.
Subsequent rulings strengthened the Supreme Court’s power. After over two centuries, Americans have accepted the fact that the Supreme Court could rule anything it wants, and say what it wants, and their ruling is above the Executive and Legislative branches. But, that is not the design of the US Constitution nor the intention of our Founding Fathers.
Reflecting, it was correct that Jefferson did not appear in front of the Supreme Court to defend his position. I wish, however, that Jefferson would have stated more firmly that the Supreme Court had no business hearing the case, and that its ruling was totally useless and inconsequential.
Returning to the ICJ and ICC. They are located in the Netherlands, the European Union headquarters. Their agenda is one of globalism. Just like the fact that the UN wanted to take over the health care system, they want to explore avenues to extend their power. If they succeed, they will rule over the world and we will lose our Sovereignty. House Speaker Mike Johnson did speak up against the arrest warrants. While I applaud his effort, I do wish that he had expressed his sentiment more forcefully, then followed up with the necessary action to sanction the ICJ and ICC.
Art da Rosa, PE, MPA, CFM
Inkom, ID
