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International Criminal Court condemns US economic sanctions

Fatou Bensouda

The International Criminal Court (ICC) has condemned a decision by the United States to impose economic sanctions on Fatou Bensouda, the ICC prosecutor, and an associate in retaliation for the ICC’s plans to investigate possible US war crimes.

The ICC said the decision by Mike Pompeo, the US Secretary of State, constitutes “another attempt to interfere with the Court’s judicial and prosecutorial independence and crucial work” in investigating war crimes and crimes against humanity.

“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,” a statement by the ICC said.

It added: “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.”

Broken and corrupt

Mike Pompeo, the US Secretary of State, referred to the ICC as a corrupt institution.

“That brings me to the International Criminal Court, a thoroughly broken and corrupted institution.  The United States has never ratified the Rome Statute that created the court, and we will not tolerate its illegitimate attempts to subject Americans to its jurisdiction.”

In June, the Trump administration authorised the imposition of economic sanctions against foreigners directly engaged in ICC efforts to investigate US or allied personnel, and those who have materially assisted in these efforts.

Addressing a press conference on 2 September, Pompeo said: “Today we take the next step because the ICC continues to target Americans, sadly.

“Pursuant to Executive Order 13928, the United States will designate ICC prosecutor Fatou Bensouda, and the ICC’s head of jurisdiction, complementary and co-operation division, Phakiso Mochochoko, for having materially assisted Prosecutor Bensouda.”

He added: “Individuals and entities that continue to materially support those individuals risk exposure to sanctions as well. Additionally, the State Department has restricted the issuance of visas for certain individuals involved in the ICC’s efforts to investigate US personnel.”

US retaliates

In March the ICC authorised an investigation into possible war crimes in Afghanistan, including those which may have been committed by the US military and the CIA. The move could lead to the indictment of US military and intelligence personnel.

The ICC’s action prompted the Trump government to retaliate by instituting sanctions against the Court.

The International Criminal Court was established when the Rome Statute took effect in 2002. It prosecutes crimes of genocide, war crimes, crimes against humanity and the crime of aggression.

Joseph Appiah-Dolphyne

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