Vukusic_ICLR_Hypocrisy of Western States Ukraine and Gaza.pdf (1.9 MB)
Since the full-scale invasion of Ukraine, and the seemingly unrestrained Israeli actions in Gaza, Western states have been discussing the need for accountability. A number of these states (The Netherlands, Germany, France and the United Kingdom), are states parties to the International Criminal Court (ICC). The Netherlands is the ICC host state. The United States has been, while not an ICC member, occasionally supportive of some accountability-related initiatives.
The question this article will answer is what do these select Western states say about the violence in Ukraine and Gaza, especially about expectations of justice and accountability. The article presents empirical research conducted over four years, in four languages, and encompassing over 1500 statements.
The research findings reflect a deep lack of adherence to principles and an abundance of hypocrisy, which, while not new, unmask undeniable inconsistencies which could cause irreparable harm to any remaining credibility of the international justice system.
States pursue their own interests as they perceive them to be. Yet, in the last few years, the double standards applied by especially Western states such as the ones analyzed in this article have become increasingly obvious and thus undeniable. The states whose statements were studied here did not position themselves identically to one another, and changed course slightly, as events unfolded. However, no state fundamentally altered its position.
The main differences in statements on alleged crimes in Ukraine, and Gaza, are in tone and focus. After the full-scale invasion of February 2022, the select Western states analysed here had similar responses. They rightly and explicitly condemned the aggression, as well as the seemingly unlawful attacks on civilians and civilian infrastructure and they consistently called for accountability and justice. They demanded punishment, and they singled out Putin.
On Gaza, the framing was completely different. Netanyahu was not spoken about as a potential criminal. Never. In fact, in his last interview before leaving office, Biden called him a ‘friend’. When the situation was discussed, the suffering of the civilians was spoken about almost like it was a consequence of a weather event, and it was often framed in humanitarian terms.
When it came to Israel, a lot of faith was placed in its respect for IHL, and when various reports suggested otherwise, the Western states called upon their ally to respect them. There was no call for punishment and there were only a few explicit demands for investigations, such as in instances when their own Western citizens were harmed. At times, meek calls for domestic investigations followed attacks on hospitals and the killing of journalists.
Even then, it was about investigating lower-level staff, and not political or military leaders.
You can download the full report here as a PDF: Vukusic_ICLR_Hypocrisy of Western States Ukraine and Gaza.pdf (1.9 MB)