Credit: icc.int/  Fatou Benouda, top prosecutor of The Hague, Netherlands-based International Criminal Court could be a target of U.S. sanctions and travel restrictions imposed on the war tribunal in retaliation for investigating alleged  war crimes committed by American soldiers in Afghanistan. 

By Gary Raynaldo     DIPLOMATIC TIMES

President Trump Thursday authorized the imposition of economic sanctions against International Criminal Court officials directly engaged in The Hague, Netherlands-based tribunal’s  efforts to investigate American military personnel for alleged war crimes in Afghanistan. “We’re authorizing the imposition of economic sanctions against ICC officials directly engaged in the ICC efforts to investigate U.S. personnel or allied personnel against that allied state’s consent, and against others who materially support such officials’ activities.  Designations will be made on a case-by-case basis against specific individuals or entities,” U.S Secretary of State Michael Pompeo said at a press conference. The Appeals Chamber of the International Criminal Court (ICC)  unanimously decided in March to authorize its chief  Prosecutor to commence an investigation into alleged war crimes committed by American troops and intelligence officials 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.”   

U.S. Waging War On  ICC For Daring  To Investigate American War Crimes 

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

ICC Probe An ‘Ideological Crusade Against American Service Members:  Pompeo

Pompeo said the United States is extending and expanding visa restrictions for ICC officials directly engaged in those same investigations to include their family members.  “It gives us no joy to punish them.  But we cannot allow ICC officials and their families to come to the United States to shop and travel and otherwise enjoy American freedoms as these same officials seek to prosecute the defender of those very freedoms,” Pompeo said   The U.S. secretary of state characterized the ICC action  as an  “ideological crusade against American service members in seeking to investigate our brave warriors for alleged crimes arising from counterterrorism missions in Afghanistan.” 

“The ICC cannot subject Americans to arrest, prosecution, and jail.  The U.S. is not a party to the Rome Statute that created the ICC. We cannot, we will not stand by as our people are threatened by a kangaroo court.  There’s no real guarantee of a speedy trial.  And instead of facing a jury of one’s peers, it’s a panel of judges who aren’t subject to any American accountability.  It wasn’t a prosecution of justice. It was a prosecution of Americans.”

-Secretary of State  Pompeo

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.

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

“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.