U.S. Sanctions Top International Criminal Prosecutor In Response To War Crimes Probe

TOPLINE

The Trump administration retaliated against the International Criminal Court’s top prosecutor on Wednesday announcing sanctions against her and a senior official,  the latest attack on the court which in June announced investigations into possible war crimes committed in Afghanistan by American troops.

KEY FACTS

The U.S. sanctioned ICC chief prosecutor, Fatima Bensouda, and Phakiso Mochochoko, it’s director of jurisdiction, grouping the court officials with terrorists and human rights abusers, blocking their U.S. assets, banning U.S. travel visas and prohibiting American citizens from having any dealings with them.

Earlier, in June, President Donald Trump signed an executive order sanctioning ICC officials involved with investigating torture allegations during the war in Afghanistan between 2002 and 2003 by both Afghans and Americans.

The ICC, created in 2002 by a United Nations treaty signed by 123 nations, is mandated to investigate and prosecute war crimes and human rights abuses brought to the court by its prosecutors or member nations — the U.S. refused to join, arguing its soldiers would be the subject of politically motivated prosecutions.

Secretary of State Mike Pompeo, announcing the sanctions, dismissed the ICC as “thoroughly broken and corrupted institution” and accused the court of “illegitimate attempts to subject Americans to its jurisdiction.”

On April 30, Bensouda announced a possible investigation into war crimes between Israel and Palestine during the 2014 Gaza War, a move Pompeo said the administration was “gravely concerned” about, adding “if the ICC continues down its current course, we will exact consequences.”

Key Background

The ICC has global jurisdiction, and only intervenes when national authorities cannot or will not prosecute. It can only deal with crimes committed after its creation by the Rome Treaty, and has automatic jurisdiction only for crimes committed on the territory of a state that ratified the treaty, by a citizen of a member state, or when referred a case by the United Nations Security Council. President Bill Clinton signed the Rome Treaty, but it was never ratified by Congress, and presidents since have opposed ratification. Many U.S. allies are member states including the U.K., Germany, Japan and France. China, India and Pakistan are among the nations who refused to sign the treaty, while some countries, including Russia, Israel and Iran, have signed the treaty but not ratified it.

Chief Critic

In June, the ICC called U.S. sanctions against court officials “an unacceptable attempt to interfere with the rule of law and the Court’s judicial proceedings. An attack on the ICC also represents an attack against the interests of victims of atrocity crimes, for many of whom the Court represents the last hope for justice.”

Key Quote

“This should be a 5 alarm fire for the UN,” Mark Leon Goldberg, the editor of the UN Dispatch newsletter, said on Twitter. “It’s one small step from imposing sanctions against top @WHO officials as part of Trump’s campaign to shift blame for his handling of COVID-19.”

Tangent

Pompeo confirmed the U.S. would not be joining an international effort to find a Covid-19 vaccine, because the World Health Organization, which the administration has blamed for the spread of the virus, is involved.

Further reading

International Criminal Court officials sanctioned by US (BBC)

US imposes sanctions on top international criminal court officials (The Guardian)

Why the Trump administration is sanctioning a top international court (Vox)


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