Credit: icc.int / International Criminal Court  prosecutor Fatou Bensouda

By Gary Raynaldo     DIPLOMATIC  TIMES

In a move that has sparked shock and outrage in the global humanitarian community,  the Trump administration on Wednesday imposed  economic sanctions on the chief prosecutor of the International Criminal Court for daring to investigate alleged American war crimes in Afghanistan. . The sanctions include a freeze on assets held in the U.S. or subject to U.S. law and target prosecutor Fatou Bensouda and the court’s head of jurisdiction, Phakiso Mochochoko.  Secretary of State Mike Pompeo  for months prior to the sanctions today has said the  U.S. will not tolerate the what he called the ICC’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 in March 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 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.”  The ICC is based in The Hague, Netherlands. 

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

“Today, the United States is taking action to protect Americans from unjust and illegitimate investigation by the International Criminal Court (ICC), which threatens our sovereignty and poses a danger to the United States and our allies.To that end and pursuant to Executive Order (E.O) 13928, the United States is designating ICC Prosecutor Fatou Bensouda for having directly engaged in an effort to investigate U.S. personnel, and the ICC’s Head of the Jurisdiction, Complementarity and Cooperation Division Phakiso Mochochoko for having materially assisted Prosecutor Bensouda. Both Fatou Bensouda and Phakiso Mochochoko have been added to the U.S. Department of the Treasury’s Office of Foreign Assets Control’s List of Specially Designated Nationals and Blocked Persons. Individuals and entities that continue to support Prosecutor Bensouda and Mr. Mochochoko materially risk exposure to sanctions. Additionally, under section 4 of E.O. 13928, individuals designated under the E.O. are subject to visa restrictions and may subsequently be found ineligible for a U.S. visa. In practical terms, for individuals subject to these authorities, their travel to the United States is restricted.”

-U.S. Secretary of State Mike Pompeo

International Criminal Court condemns US Economic Sanctions

“The International Criminal Court (“ICC” or “Court”) condemns the economic sanctions imposed by the US earlier today on the Court’s Prosecutor and a member of her Office. The new measures, announced pursuant to the US Executive Order 13928 dated 11 June 2020, are another attempt to interfere with the Court’s judicial and prosecutorial independence and crucial work to address grave crimes of concern to the international community as mandated under the ICC Rome Statute. These coercive acts, directed at an international judicial institution and its civil servants, are unprecedented and constitute serious attacks against the Court, the Rome Statute system of international criminal justice, and the rule of law more generally.”

-ICC Statement 

“The Court continues to stand firmly by its personnel and its mission of fighting impunity for the world’s most serious crimes under international law, independently and impartially, in accordance with its mandate. In doing so, the Court benefits from the strong support and commitment of two thirds of the world’s States which are parties to the Rome Statute.”

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.

Why Is The U.S. Resisting the ICC Investigation?

 “The stakes for U.S. and Israeli security are high. The Military Coalition, representing more than 5.5 million current and former U.S. service members, recently warned the ICC investigation of the United States “could lead to the arrest, prosecution, and detention of American military personnel and veterans in foreign countries.” Experts have speculated that the ICC could indict former president George W. Bush and former CIA directors including George Tenet and current Secretary of State Mike Pompeo”.

-Foundation For The Defense of Democracies (FDD)

 United Nations Dismayed over US sanctions on top International Criminal Court officials

Credit ICC / International Criminal Court Chief Prosecutor Fatou Bensouda.

The UN Secretary-General on Wednesday noted “with concern” the imposition by the US of sanctions against the Chief Prosecutor of the ICC)and another senior official, in the latest of a series of unilateral policy moves against the body.  On behalf of the UN chief António Guterres, Spokesperson Stéphane Dujarric acknowledged the US statement, saying, “we continue to closely follow developments on this matter”.

“We will be analyzing any possible implications that this development may have with respect to the implementation of the Agreement”, he continued.