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0 pointsjeroenhd6mo ago0 comments

This kind of assumes Microsoft has not already tried to get an exception, or that its legal team considers it likely that an exception will be granted.

Various tools hosted on Github can be considered dual-use (i.e. AES/TLS libraries). Furthermore, Microsoft was made to apply sanctions against Karim Khan of the ICC for his involvement in investigating the genocide of Palestinians; I doubt Microsoft would be granted an exception so they can serve Hamas' greatest supporter after that.

I don't know if Microsoft has applied for any exceptions, but even if they did, I doubt they'd be able to get them. That's on top of the probability of bad publicity ("Microsoft wants to cut deal with Iran") and the lack of incentive you mentioned.

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tgma6mo ago

I explicitly mentioned GitHub, a Microsoft subsidiary, did in fact get an OFAC license. I was suggesting them as an example of how it can be done, not the other way around.

rswail6mo ago

> I doubt Microsoft would be granted an exception so they can serve Hamas' greatest supporter after that.

"greatest"? Hardly. A charge was brought before the ICC from South Africa which required the ICC to investigate.

There are much bigger supporters of Hamas, the sanctions against employees of the ICC is just the current US government flexing its retribution muscles.

bawolff6mo ago

This is a bit of a tangent, but its a pet peve of mine

You are mixing up ICC and ICJ. South Africa brought a case to the ICJ. This is the country equivalent of suing another country so its not really forcing ICJ to investigate so much as south africa is presenting a case which icj will decide on (eventually anyways, icj is famous for being slow).

The ICC on the other hand makes its own decisions on who to investigate/charge. Countries can file referrals to it, but the ICC prosecutor has discretion on what they want to investigate and pursue.

[Anyone who thinks the ICC likes hamas should remember that the icc also filed charges against a hamas leader too. Its difficult for them to investigate hamas because they are only allowed to charge people who are currently alive]

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