Credit:  ICC.int /  Assembly of States Parties President O-Gon Kwon

By Gary Raynaldo      DIPLOMATIC  TIMES

U.S. Secretary of State Mike Pompeo has threatened families of International Criminal  Court staff with sanctions for its bold action calling for a probe of American War Crimes allegedly committed  by U.S., Afghan, and Taliban troops in Republic of Afghanistan.   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.”  The ICC Assembly of States Parties President O-Gon Kwon has let it be known that The Hague, Netherlands-based war tribunal will not be intimidated by threats from the United States to pressure it into backing off the investigation of American conduct in Afghanistan. Kwon issued a statement this week reaffirming the ICC’s position.

“In relation to recent statements regarding the International Criminal Court (ICC), I would like to reiterate that the Court and its staff have the strong support of the Assembly of States Parties to the Rome Statute. I reaffirm our full confidence in the Court as an independent and impartial judicial institution and reiterate our strong commitment to uphold and defend the principles and values enshrined in the Rome Statute and to preserve its integrity undeterred by any threats against the Court. I express our deep concern over threats against Court officials, staff and their families. “

-Assembly of States Parties President O-Gon Kwon.

The ASP president stated that the ICC embodies the war tribunal’s collective commitment to fight impunity for the most serious crimes of international concern. “I reiterate our call on all States to respect the judicial and prosecutorial independence of the Court and work together towards ensuring our common aim of fighting impunity for the perpetrators of the gravest crimes under international law.”  Kwon said the Court is an impartial and independent judicial body, its actions governed strictly by the legal framework of the Rome Statute, its founding treaty. “One of the cornerstones of the Rome Statute system is that it recognizes the primary jurisdiction of States to investigate and prosecute atrocity crimes. As a court of last resort, the ICC is complementary to national jurisdictions.”

The Assembly of States Parties is the management oversight and legislative body of the ICC. It is comprised of representatives of States that have ratified or acceded to the Rome Statute.  President Kwon was elected President of the Assembly for a three year mandate in December 2017.

 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.