Credit: Gary Raynaldo /  ©Diplomatic Times /  U.S. Secretary of State Mike Pompeo  briefs reporters at Department of State headquarters in Washington D.C. 

By Gary Raynaldo         DIPLOMATIC  TIMES

Secretary of State Mike Pompeo  said the  U.S. will not tolerate the International Criminal Court’s “inappropriate and unjust attempts to investigate or prosecute Americans” for alleged war crimes crimes committed by U.S., Afghan, and Taliban troops in Republic of Afghanistan.  The Appeals Chamber of the International Criminal Court (ICC)  unanimously decided earlier this month to authorize its chief  Prosecutor to commence an investigation into alleged war crimes committed by American troops in Afghanistan.  In November 2017, ICC  head prosecutor Fatou Bensouda asked judges to open an investigation into alleged war crimes and crimes against humanity committed by Afghan national security forces, Taliban and Haqqani network fighters, as well as U.S. forces and intelligence officials in Afghanistan since May 2003.   The ICC is seeking  to hold the U.S. accountable for alleged war crimes including torture of detainees by C.I.A. operatives at secret prisons known as “black sites.”  

“…we oppose any effort by the ICC to exercise jurisdiction over U.S. personnel.  We will not tolerate its inappropriate and unjust attempts to investigate or prosecute Americans.  When our personnel are accused of a crime, they face justice in our country.”

-U.S. Secretary of State Mike Pompeo  said at Mar. 17, 2020  press conference. 

Pompeo then added what some considered veiled threats against two staffers of the Office of the Prosecutor of the ICC, and their families, with punitive sanctions in connection with the Court-approved investigation by the Prosecutor of the Afghanistan situation:

“It has recently come to my attention that the chef de cabinet to the prosecutor, Sam Shoamanesh, and the head of jurisdiction, complementarity, and cooperation division, Phakiso Mochochoko, are helping drive ICC prosecutor Fatou Bensouda’s effort to use this court to investigate Americans.  I’m examining this information now and considering what the United States’ next steps ought to be with respect to these individuals and all those who are putting Americans at risk. We want to identify those responsible for this partisan investigation and their family members who may want to travel to the United States or engage in activity that’s inconsistent with making sure we protect Americans.” – Secretary of State Pompeo at press conference this week.   “This court, the ICC, is an embarrassment.  It’s exposing and – we are exposing and confronting its abuses, and this is a true example of American leadership to ensure that multilateral institutions actually perform the missions for which they were designed. “

ICC Vows To Resist U.S Pressure To Back Off Probe Of American Soldiers 

Credit: icc.int/   International Criminal Court Chief Prosecutor Fatou Bensoudas

“The International Criminal Court has taken note of recent statements alluding to possible sanctions against Court officials and staff and their families. The Court stands firmly by all its officials and staff, who perform, with integrity and dedication, essential duties for the ICC’s mandate on behalf of its 123 States Parties, which hail from all regions of the world. As an independent and impartial judicial institution, the ICC and its organs act strictly within the mandate bestowed upon them by the Rome Statute, the ICC’s founding treaty. Safeguarding judicial and prosecutorial independence is fundamental to the successful discharge of that mandate. The Court remains firmly committed to its mandate of fighting impunity for the world’s gravest crimes, contributing to their prevention, and providing justice to victims .”

-Statement from International  Criminal  Court  concerning recent threats made against staff and their families -March 18, 2020.

ICC Seeks Unprecedented investigation of alleged U.S. War Crimes in Afghanistan

Credit: Wikipedia /US troops in Afghanistan.  International Criminal Court authorized investigation into alleged war crimes committed by American soldiers in Afghanistan. 

From the beginning of the ICC’s announcement the unprecedented  probe into possible U.S war crimes, the action has drawn the fire and fury of the Trump Administration.  In April 2019,    US authorities revoked ICC prosecutor Bensouda’s entry into the United States, as part of a sweeping policy to deny visas to ICC members investigating alleged war crimes committed by American troops in Afghanistan.  It was confirmed at the time,  that the U.S.’  persona non grata  ICC list  extended all the  way up to The Hague-based war tribunal’s head prosecutor Bensouda, who is from west African nation Gambia. 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 is exempt from the U.S. ban due to Diplomatic Immunity under the Rome Statute.   Many critics accused the U.S.  of overreaching on trying to punish Besnsoda for daring investigate possible American war crimes.

“This act of raw intimidation of the Prosecutor’s staff members is reckless and shocking in its display of fear rather than strength.  The International Criminal Court has an independent and impartial mandate.  Secretary Pompeo’s crude threats against these two staffers debase America’s commitment to the rule of law. It can only undermine the confidence of those around the world who look to the United States for leadership and inspiration to protect the victims of the world’s worst atrocities.”

-Statement  by several Americans who in the past worked to secure the investigation and prosecution of atrocity crimes (genocide, crimes against humanity, and war crimes) – JustSecurity.