What you need to know:
- US Secretary of State Mike Pompeo accused the ICC of "illegitimate attempts to subject Americans to its jurisdiction", announcing sanctions against Chief Prosecutor Fatou Bensouda and the Head of the Jurisdiction Complementarity and Cooperation Division, Phakiso Mochochoko.
- Mr Pompeo made the accusation as The Hague-based court probes whether US forces have committed alleged war crimes in Afghanistan.
The International Criminal Court has defended its staff sanctioned on Thursday by the United States for “targeting Americans.”
President of the Assembly of State Parties ASP
O-Gon Kwon said the decision by the US Treasury to impose sanctions on
Chief Prosecutor Fatou Bensouda and other officials risks encouraging
impunity across the globe.
“We stand by our Court and its staff as well as
those cooperating with it in implementing its judicial mandate,” Mr
Kwon, whose body is composed of representatives of member states and
which makes laws for the court, said on Thursday.
“The court is an independent and impartial
judicial institution. It operates in strict adherence to the provisions
of the Rome Statute. The ICC is complementary to national jurisdictions
and thus recognises the primary jurisdiction of States themselves. This
is the cornerstone of the Statute.”
The ASP was expected to meet later on Friday to
consider measures imposed by the US. But the decision by Washington
began earlier in June when President Trump issued an executive order to
bar ICC officials from setting foot in the US.
The US is not a member of the ICC, but it is a
member of the UN Security Council which has powers to refer cases to the
Court which is itself not a UN body. Created in 2001, it is supposed to
try criminals involved human rights violations such as genocide, crimes
against humanity and war crimes.
The US, however, says the court was targeting Americans and that Bensouda was aiding the motive.
“Today's designations make clear that the United
States will not tolerate the International Criminal Court's reckless
targeting of US personnel. America's commitment to real justice and
accountability remains unwavering,” US Secretary of State Mike Pompeo
said on Wednesday.
Ms Bensouda was listed alongside ICC’s Head of
the Jurisdiction Complementarity and Cooperation Division, Phakiso
Mochochok oas “specially designated nationals” which is often the same
labelling reserved for drug traffickers and terror merchants unwelcome
in the US. They are barred from setting foot in the US, both on personal
and business trips, and cannot transanct with any American.
In June, the ICC’s appellate court had granted
Bensouda permission to investigate potential war crimes by US soldiers
in Afghanistan. The move came as the US pursued a mediation between
Talibans and the Afghan government, to potentially end a two-decade war
in which the US had sent soldiers.
The US has also been a strong defender of Israel against claims there might have been crimes against humanity in Palestine.
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