Arrest Netanyahu ?

This week, several world leaders spoke to the United Nations General Assembly. Multiple appearances and remarks, as well as reactions to them, made splash headlines — not just here in the U.S., but all over the world.

Among the most controversial speeches delivered in New York was by Benjamin Netanyahu, the much-maligned Prime Minister of Israel. A sizable percentage of U.N. delegates walked out when he began speaking. This was performative theatre. Alas, much of what happens inside that forum is nothing more than global grandstanding — both at the podium, and what happens in front of it.

On social media, many progressives saw this and asked — why wasn’t Netanyahu arrested, charged with war crimes, or at least detained in some manner to be tried later by international courts? These questions even spilled into the streets of New York City, as there have been calls for Netanyahu’s arrest and detainment (though they have no such authority, and such an action would be disastrous on many levels).

Though those are indeed reasonable questions, I wish to explain why the proposition is both foolish and unrealistic.

Regular readers know my position(s) on Middle East policy, and my negative opinion of Netanyahu. While I’m sympathetic to the chorus of public calls for “arresting–detaining–charging” him for an abundance of horrific acts, to call for a national leader (or any dignitary) to be arrested in NYC, or at the UN, displays an appalling lack of understanding about international diplomacy. It certainly exposes a naivety about laws that have been firmly in place for decades to ensure meeting places enjoy full protection — where policies and ideas can be discussed and debated. Yes — even very bad policies and ideas.

And besides, who’s to say which ideas are good or bad? Or, which leaders or good and bad? See the problem?

Here’s a synopsis of the agreement every U.N. nation-member has agreed to and signed: The 1961 Convention on Diplomatic Relations (a.k.a. the Vienna Convention) and the 1946 Convention on UN Privileges/Immunities grants *wide-ranging immunity* from either arrest or detention for representatives of U.N. member nations traveling abroad on official business, and specifically at U.N. Headquarters in New York. Full stop.

This is not open to interpretation. Anyone who attends the U.N. on official business (who is part of a member delegation) is immune from arrest. Simple as that and it applies to everyone, and all nations.

In year’s past, many reviled leaders have spoken at the U.N., and most were without threats implied by those who now want to arrest Netanyahu. This includes several former terrorist leaders (and some would say — current terrorist leaders), murderous dictators, vile despots, undeniable war criminals, and flat-out street thugs. Many horrible people have stood at center stage and spoken to the world — as this remains one of the very few places where such a thing is possible. We may not like it, and one can argue giving those voices such a high-profile forum is a bad thing. Nonetheless, there’s a very good reason we don’t arrest the leaders we don’t like, even if they’re criminals.

Once Netanyahu gets arrested, where does it all end? Many U.N. members — a majority perhaps — believes Donald Trump is a war criminal (okay–he probably is). But do we really want any current or future President to be subject to arrest at the U.N. because of international grievances? Certainly, Vladimir Putin has committed many war crimes and would be justified for detainment and indictment–to be later shipped off to international courts for trial. And, in the past, there’s Fidel Castro, Yasser Arafat, Muammar Gaddafi, and many others. All have spoken at the U.N. Numerous times. If you arrest one, then the others can be arrested, too.

See, that’s the problem. *Who* gets to decide which leaders are the bad guys? Certainly, not the United States, which has it’s own glaring hypocrisies (arresting Venezuela’s leader and murdering Iran’s leader—and that’s just in the past year). And certainly not a cabal of nations who are pissed at Israel, or mad at any other country. That’s why we must control our impulses, even if they’re noble. We must recognize the greater good of a special place where everyone meets under the conditions of a universally accepted TRUCE. A free-ideas zone, if you will. There simply MUST be a place where sworn enemies can meet and there won’t be fistfights in the auditorium or police swarming the hallways arresting the leaders we don’t like. This point seems so obvious if you understand diplomacy.

The U.N. is an imperfect organization. Criticism of it is often justified. Nonetheless, without it — nations have few options to pursue concerns and register objections. In a global pressure cooker, the U.N. is like that spigot atop the burning skillet that lets out the steam. Take it away, and the kitchen explodes.

I hope someday that Netanyahu pays for what he’s done. Hopefully, justice will prevail in Israel. In the meantime, let’s not only accept, but embrace the U.N. and its autonomy, and take pride that its based here in the United States and not elsewhere. Hosting this important organization is a tremendous responsibility and an honor. Turning into a mob mentality and demanding the arrest of members sadly diminishes that forum, and it makes us unworthy of being neutral territory for international conflicts.

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Read the ICC case against Netanyahu HERE.