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Illegal sanctions by US against the ICC

Posted on 21st June 2020

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Not only is the USA the world leader in extraterritorial legislation (see my previous posts on the subject here and here), but when there are no legislative avenues open to them, they resort to blackmail!

I am referring to this article by the BBC, which reports on the sanctions that the USA has imposed on those members of the ICC (International Criminal Court) involved in the investigation of possible war crimes by members of the US military in Afghanistan. These sanctions have been imposed not only on judges, prosecutors and investigators, but on all ICC employees involved in the case, and their family members. The sanctions include blocking the assets of International Criminal Court (ICC) employees and barring them from entering the USA.

Although the USA is not a signatory to the ICC agreement, all of the EU, plus Afghanistan (where the crimes are alleged to have happened) are (see the list of signatories here). That means that the court has legal jurisdiction over the location of the alleged crimes, and also that the ICC employees are acting within the law.

Generally, war crimes are defined by the Hague Conventions and the Geneva Conventions, all of which were signed by the USA. US law even allows the prosecution of US military personnel for war crimes (see here). President Trump has, however, pardoned US troops who had been prosecuted in the US for alleged war crimes in Afghanistan.

Since those presidential pardons did not convince the ICC (not surprisingly, since Donald the Hutt has no jurisdiction in The Hague or Afghanistan) he has now decided to illegally sanction members of the ICC, in the hope of halting the investigation.

A president who blackmails his friends is no friend, and should be treated accordingly (as in this, unfortunately fictional, movie scene).