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The Next Prosecution of Donald Trump
Wall Street Journal ^ | 5 Oct, 2025 | Eugene Kontorovich

Posted on 10/06/2025 5:55:35 AM PDT by MtnClimber

Plans are under way to try him in the International Criminal Court. This time he can strike first.

Before his second term began, President Trump was prosecuted repeatedly in state court, federal court and the Senate. After it ends, he could face trial in another venue, the International Criminal Court in The Hague. The U.S. didn’t sign the Rome Statute and therefore doesn’t belong to the ICC, but the court can find a jurisdictional hook in actions the administration has taken abroad in ICC member states.

The strikes on Venezuelan narcoterror smuggling boats provide one possible avenue. Shortly after the U.S. Navy destroyed the first such vessel, Ken Roth, a former head of Human Rights Watch, endorsed ICC intervention. “Trump just did what the International Criminal Court has charged former Philippines Pres. Duterte with doing—ordering the summary execution of alleged drug traffickers,” Mr. Roth tweeted. Venezuela is a Rome Statute party, which in the court’s thinking gives it jurisdiction over U.S. officials and servicemen involved in the attacks. The ICC has already launched an investigation against a nonmember state (Israel) based on a single boarding of a vessel flagged by a member state, so it has all the precedents it needs.

Mr. Trump has thus far taken an incremental approach to the ICC. He revived a first-term executive order authorizing sanctions against the court and applied it against four ICC officials. None of this has significantly reduced the risk to the U.S. or led the ICC to change its ways.

The ICC’s supporters don’t see the existing sanctions as an “existential threat.” The tribunal can easily ride it out by lying low until a Democratic president lifts the sanctions, as Joe Biden did. The court takes a long view—its prosecutors and judges have nine-year terms

(Excerpt) Read more at wsj.com ...


TOPICS: Society
KEYWORDS: eugenekontorovich; icc; lawfare; wallstreetjournal

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To: struggle
They’ve become party to the highest bidder.

Agreed. And they seem to believe that they have jurisdiction over the United States.

21 posted on 10/06/2025 6:48:31 AM PDT by AFB-XYZ (( We have two options: 1. Stand up, or 2. Bend over))
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To: MtnClimber

The drug-trafficking boats were supposedly in international waters when hit, and belonged to criminal enterprises. Does Venezuela claim them as navy vessels owned and operated by State? Not sure who would have standing to file a complaint with the ICC.


22 posted on 10/06/2025 6:50:09 AM PDT by Chewbarkah
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To: MtnClimber

It’s early Monday morning and already I’m up to my neck in I don’t give a crap what the rest of the world thinks, President Trump is doing the right thing by destroying the drug boats and I pray he keeps destroying them.


23 posted on 10/06/2025 6:57:56 AM PDT by The Louiswu (USA FIRST...USA FOREVER)
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To: rlmorel

+1 Exactly right.


24 posted on 10/06/2025 7:05:17 AM PDT by Starboard
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To: MtnClimber

Just like before he even got elected to his first term, the democrats already announces that if he won, they’d just impeach him.

Impeachment is NOT a tool for the oligarchy to control the politics of a REPRESENTATIVE REPUBLIC with.

It goes tho show who the real insurrectionists are.


25 posted on 10/06/2025 7:05:28 AM PDT by metmom (He who testifies to these things says, “Surely I am coming soon." Amen. Come, Lord Jesus….)
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To: Vaduz

They don’t hate me, they hate you. I’m just in the way.
Donald Trump

Down with white colonialism!
translated: We hate white peepo.


26 posted on 10/06/2025 7:05:42 AM PDT by tumblindice (America's founding fathers: all armed conservatives)
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To: MtnClimber

WSJ? Barf


27 posted on 10/06/2025 7:07:31 AM PDT by Texas Fossil (Texas is not about where you were born, but a Free State of Heart, Mind and Attitude.)
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To: struggle

From the UN Charter:

Article 41

The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the United Nations to apply such measures. These may include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations.

Article 42

Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations.

Article 43

All Members of the United Nations, in order to contribute to the maintenance of international peace and security, undertake to make available to the Security Council, on its call and in accordance with a special agreement or agreements, armed forces, assistance, and facilities, including rights of passage, necessary for the purpose of maintaining international peace and security.

Such agreement or agreements shall govern the numbers and types of forces, their degree of readiness and general location, and the nature of the facilities and assistance to be provided.

The agreement or agreements shall be negotiated as soon as possible on the initiative of the Security Council. They shall be concluded between the Security Council and Members or between the Security Council and groups of Members and shall be subject to ratification by the signatory states in accordance with their respective constitutional processes.

Article 44

When the Security Council has decided to use force it shall, before calling upon a Member not represented on it to provide armed forces in fulfilment of the obligations assumed under Article 43, invite that Member, if the Member so desires, to participate in the decisions of the Security Council concerning the employment of contingents of that Member’s armed forces.

Article 45

In order to enable the United Nations to take urgent military measures, Members shall hold immediately available national air-force contingents for combined international enforcement action. The strength and degree of readiness of these contingents and plans for their combined action shall be determined within the limits laid down in the special agreement or agreements referred to in Article 43, by the Security Council with the assistance of the Military Staff Committee.

https://www.un.org/en/about-us/un-charter/full-text

Article 19

A Member of the United Nations which is in arrears in the payment of its financial contributions to the Organization shall have no vote in the General Assembly if the amount of its arrears equals or exceeds the amount of the contributions due from it for the preceding two full years. The General Assembly may, nevertheless, permit such a Member to vote if it is satisfied that the failure to pay is due to conditions beyond the control of the Member.

Article 51

Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.

Article 27

Each member of the Security Council shall have one vote.

Decisions of the Security Council on procedural matters shall be made by an affirmative vote of nine members.

Decisions of the Security Council on all other matters shall be made by an affirmative vote of nine members including the concurring votes of the permanent members; provided that, in decisions under Chapter VI, and under paragraph 3 of Article 52, a party to a dispute shall abstain from voting.


28 posted on 10/06/2025 7:11:35 AM PDT by Brian Griffin
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To: MtnClimber

Let them try to enforce the warrant.

I just effing dare them.

CC


29 posted on 10/06/2025 7:11:54 AM PDT by Celtic Conservative (Heghlu'meH QaQ jajvam!)
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To: Chewbarkah

“The drug-trafficking boats were supposedly in international waters when hit, and belonged to criminal enterprises.”

************

We probably have lots of good intelligence that shows who they are, what they were smuggling, and what their destination was. IOW lots of smoking guns to justify our preemptive actions.


30 posted on 10/06/2025 7:16:17 AM PDT by Starboard
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To: tumblindice

Indeed


31 posted on 10/06/2025 7:16:19 AM PDT by Vaduz
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To: Celtic Conservative

> Let them try to enforce the warrant. <

Please take a look at my post #12. These people are evil.

Anyone who has an ICC warrant against them is safe… until they enter a country that will enforce that warrant.

So what would happen if such a person is on a plane that has engine trouble, and lands in one of those countries? They’d probably leave Trump as president alone. But maybe not after he leaves office.


32 posted on 10/06/2025 7:20:06 AM PDT by Leaning Right (It's morning in America. Again.)
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To: MtnClimber

This is the third Opium War.

The boat crew members were mercenaries.


33 posted on 10/06/2025 7:23:06 AM PDT by Brian Griffin
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To: EQAndyBuzz

“”We are not a member.””

True. For a very good reason.


34 posted on 10/06/2025 7:25:28 AM PDT by Danie_2023
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To: Leaning Right
Unfortunately, the ICC does have teeth. It’s not the court itself. It’s the leftist governments that are willing to do the bidding of the ICC.

They have arrested Rodrigo Duterte, the former President of the Philippines.

35 posted on 10/06/2025 7:27:22 AM PDT by MinorityRepublican
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To: Leaning Right

“”So what would happen if such a person is on a plane that has engine trouble, and lands in one of those countries? They’d probably leave Trump as president alone. But maybe not after he leaves office.””

It would probably depend upon which party is in control. If it was the GOP under Vance, for instance... all hell would break loose I believe and the ICC idiots would not dare to fulfill their fondest wet dreams by arresting Trump.

If, however, the rats were in the WH again, there is no telling how far these cretins would go. We’ve already seen examples of that. They have no limits to how low they will go and how vindictive they can be to rid themselves of their biggest threat. The one thing Trump would have going for him once out of office (and out of power)... is that he would not be seen as such a big threat to them.


36 posted on 10/06/2025 7:32:29 AM PDT by Danie_2023
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To: Brian Griffin
This is the third Opium War.

I think so too.

37 posted on 10/06/2025 7:36:43 AM PDT by MtnClimber (For photos of scenery, wildlife and climbing, click on my screen name for my FR home page.)
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To: MtnClimber

“Terror network headed by Osama bin Laden has tried to develop high-strength form of heroin that it planned to export to United States and Western Europe, according to United States intelligence reports; plan was supposedly in retaliation for US missile attack against terrorist training camps in Afghanistan, and provides rare link between Al Qaeda and drugs”

https://www.nytimes.com/2001/10/04/world/a-nation-challenged-drugs-super-heroin-was-planned-by-bin-laden-reports-say.html

Wars can be fought with more than spears, bows & arrows, and guns.

In WWI, war was fought using chemicals as well as with guns.

The chemicals are different now. There are Chinese that want revenge, Mexicans that want revenge, etc.


38 posted on 10/06/2025 7:42:19 AM PDT by Brian Griffin
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To: MinorityRepublican

I just looked that up. By golly, you’re right. Duterte is now in jail in The Hague, Netherlands.

Scary stuff.

By the way, leftists love suppressing free speech. So I wonder when the ICC will decide to include “hate speech” as a crime they can punish.


39 posted on 10/06/2025 7:42:32 AM PDT by Leaning Right (It's morning in America. Again.)
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To: Leaning Right
By the way, leftists love suppressing free speech. So I wonder when the ICC will decide to include “hate speech” as a crime they can punish.

They have not arrested an American yet because they know they can't get away with it.....yet

40 posted on 10/06/2025 7:44:17 AM PDT by MinorityRepublican
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