Credit: ICC.int / International Criminal Court Chief Prosecutor Fatou Bensouda

By Gary Raynaldo   DIPLOMATIC TIMES

US authorities have revoked International Criminal Court chief prosecutor Fatou Bensouda’s entry into the United States, as part of its sweeping policy to deny visas to ICC members investigating alleged war crimes committed by American troops in Afghanistan.  It was confirmed Friday that the U.S.’  persona non grata  ICC list  extends all the  way up to The Hague-based war tribunal’s head prosecutor Bensouda, who is from west African nation Gambia. 

“…persistent to existing legal authority to post visa restrictions on any alien, quote, ‘whose entry or proposed activities in the United States would have potentially serious adverse foreign policy consequences,’ end of quote, I’m announcing a policy of U.S. visa restrictions on those individuals directly responsible for any ICC investigation of U.S. personnel.”

U.S. Secretary of State Mike Pompeo said in announcing the ICC policy Mar. 15, 2019

Bensouda’s office issues a statement declaring the chief prosecutor has  “independent and impartial mandate” under the Rome statute governing the ICC.

“The prosecutor and her office will continue to undertake that statutory duty with utmost commitment and professionalism, without fear or favour,” 

ICC Statement.

ICC seeks an unprecedented investigation of alleged U.S. war crimes in Afghanistan 

credit: Wikipedia /US troops in Afghanistan

In November 2017,  ICC  prosecutor Bensouda  requested judges to authorize an unprecedented investigation in Afghanistan into allegations including rape and torture by the U.S. military and CIA, crimes against humanity by the Taliban and war crimes by Afghan security forces.  Bensouda’s request sent the US into  a frenzy, with the Trump administration pretty much promising to destroy the ICC.  

U.S.  Revoking of Bensouda’s Visa Could Interfere With Her Diplomatic Duties At   United Nations 

Credit: UN /   ICC Prosecutor Addresses The United Nations Security Council meeting  on The situation in Libya  August 2018.

As part of her job has chief prosecutor of the ICC, Bensouda makes regular trips to the United Nations world headquarters in New York-USA.  As such, Besouda is a “Diplomat” and would be exempt from the U.S. ban due to Diplomatic Immunity under the Rome Statute.   So it would appear that the U.S. is overreaching on trying to punish Besnsoda for daring investigate American war crimes. 

“We expect the United States to live up to the agreement to allow for the travel of ICC staff members to do their work here at the United Nations.”

U.N. spokesman Stephane Dujarric. 

European Union  Expresses Support For The ICC Following U.S. Ban On Prosecutors’ Visa 

Credit: EU. / Brussels EU stands behind the ICC in the face of U.S. actions against war tribunal

The United States’ authorities have revoked the International Criminal Court Prosecutor’s visa for entry into the United States. The European Union reiterates its serious concern about the US policy towards the ICC. The EU fully supports the ICC and its independence and remains committed to cooperate with the ICC to guarantee its effectiveness and efficiency and expects States to lend the necessary assistance and support.”

European Union Statement  April 5, 2019

The EU said it expects the US to ensure that any measures adopted by the US in relation to the ICC is in full compliance with their international obligations, having also due regard to the ICC-UN Relationship Agreement. 

“The ICC plays a key role in the fight against impunity. The EU emphasises that protecting the neutrality and judicial independence of the ICC is paramount to its effectiveness and proper functioning.”

-EU Statement