[tguvot]

i was pointing out that diplomatic immunity (of head of state) that you mention is trashed by ICC warrants (in countries who are party to it. i.e. good chunk of europe).

so, in the moment that something as basic as diplomatic immunity can be violated by warrants for investigation (not for trial), invading another country to arrest somebody based on warrants that you had issued domestically is not that big of leap

[rkeene2]

You are talking about a after a country has decided that they want to participate in the this process by ratifying their participation intentionally. How does this relate to a unilateral invasion ?

[tguvot]

Vienna Convention (1961): This treaty standardized the rules, making diplomatic immunity a binding obligation for its over 190 signatory nations

And then comes ICC (via Rome statue, ratified by 125 countries and half a dozen of them in process of withdrawal) and trashes with it warrants diplomatic immunity.

So in case international law/treaty from 1961 is all of sudden not binding, why wouldn't uniliteral invasion (actually it looks like it more of arrest operation) (which is probably prohibited by some other international treaties) not be ok ?

[rkeene2]

I do not understand the point you are making. You cite a treaty that countries explicitly agree to protect diplomats while they are guests in another country -- I'm not sure what relationship this has with one sovereign nation using force to rendition someone from another country.

The only country that has agreed to the terms of the ICC here is Venezuela -- but there is no ICC arrest warrant for anyone involved, nor is the US acting on behalf of the ICC nor does it have any authority to do so.

The invasion (which was required to perform the arrest, since it was within the territory) was definitely an invasion and morally wrong.

As noted several times, there are many ways that this could have been done that are in accordance with civil society it. It wasn't, and that is bad.

[tguvot]

my point is that diplomatic immunity is international law. signatories to rome statue said that they will violate it (diplomatic immunity of Israeli head of state) because of icc warrant.

this is violation of international law that multiple countries openly stated that they will perform.

essentially it means that international law is not binding and selectively enforced. this is slippery slope.

if you can ignore vienna convention why not ignore whatever other part of international law that prohibits invasion ?

PS. UK and France just bombed ISIS in Syria. Is it also invasion and morally wrong ?

[rkeene2]

I still do not understand your point because as you state there is no conflict between the two agreements, and further there are no pair countries involved that mutually agreed to the ICC:

- Diplomatic Immunity (through various treaties): Countries that participate will respect diplomats - ICC: Countries that agree will participate in ICC judicial process

From what I can tell, you seem to be under the impression that there's some conflict here. If that is your position then you are wrong. A country can both simultaneously respect foreign diplomats and work with the ICC to ensure that local citizens are held accountable in the ICC.

BUT, a further point -- international law can never be binding. It's between sovereign peers, and is based on the concept of reciprocal benefit. International treaties give the participants some benefit in exchange for something else. This has to be the case because there is no superior entity to arbitrate violations of the law. If you don't keep up your end of the bargain, you risk the other participants not keeping up their end of the bargain.

This is, for example, why having the top US officials committing war crimes is bad -- it's not because some superior nation will inflict justice upon the violator (because no such entity exists) but because other signatories have no legal obligation to not commit war crimes against us (although, many people are morally opposed to most war crimes and wouldn't commit them anyway).

A further note about your PS, which seems unrelated to the topic is that bombing isn't itself an invasion (it may be part of one), but for my opinion I think that killing people without due process is bad and should be a last resort for defense.

[tguvot]

in my example countries stated that they will arrest diplomat covered by diplomatic immunity based on icc warrant. not local citizens.

in case international law is not binding, than whatever US did is ok.

and according to usa it was law enforcement operation. not invasion. just like uk and france didn't invade but casually bombed