The US has threatened sanctions against the International Criminal Court if it goes ahead with prosecutions against Americans. The court is currently considering prosecuting US servicemen over alleged detainee abuse in Afghanistan. The court investigates and brings to justice people responsible for genocide, crimes against humanity, and war crimes, intervening when national authorities cannot or will not prosecute.
In November 2017, ICC prosecutor Fatou Bensouda called for a full investigation into alleged war crimes in Afghanistan. She said she had "a reasonable basis to believe" that such crimes had been committed. Alleged possible perpetrators included the CIA, the Taliban and Afghan forces.
National Security Advisor John Bolton said the US would do everything "to protect our citizens". Judges and prosecutors with the ICC would be barred from entering the US and their funds in the US would be sanctioned. He said the ICC was “ineffective, unaccountable, and indeed outright dangerous”
"We will prosecute them in the US criminal system. We will do the same for any company or state that assists an ICC investigation of Americans." Giving his reasons for opposing the court, Bolton cited the threat to "American sovereignty and US national security" and that ”We will provide no cooperation to the ICC.”
He said the ICC lacked checks and balances, claimed "jurisdiction over crimes that have disputed and ambiguous definitions" and failed to "deter and punish atrocity crimes". It was, he said, "superfluous" as "domestic judicial systems already hold American citizens to the highest legal and ethical standards". Bolton also criticised Palestinian moves to bring Israel before the ICC over allegations of human rights abuses in Gaza and the occupied West Bank.Bolton branded the ICC as a “freewheeling global organisation governing over individuals without their consent”. He claimed American “soldiers, politicians, and private citizens” are at risk because the court assumes the automatic right to prosecute over everyone, even in countries which did not ratify the Rome Statute establishing the court.
Bolton cited the 2002 American Service-members Protection Act, “which some have dubbed the Hague invasion act.” The act authorised the US president to use all means, “including force”, to shield US military members from prosecution by the ICC.
“We don’t recognise any authority higher than the US Constitution,” Bolton said.
Bolton once said if the UN building in New York "lost 10 storeys, it wouldn't make a bit of difference".
The ICC was established by the Rome Statute in 2002 and has been ratified by 123 countries, including the UK.
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The ICC shrugged off the threats in a statement, defending itself as an "instrument to ensure accountability for crimes that shock the conscience of humanity".
"The court's jurisdiction is subject to the primary jurisdiction of states themselves to investigate and prosecute allegations of those crimes and bring justice to the affected communities. It is only when the states concerned fail to do so at all or genuinely that the ICC will exercise jurisdiction." the statement said. "The ICC, as a court of law, will continue to do its work undeterred, in accordance with those principles and the overarching idea of the rule of law."
France has also issued a statement in support of the court, with foreign ministry spokeswoman Agnes von der Muhll saying it "must be able to act and exercise its prerogatives without hindrance".
https://www.bbc.com/news/world-us-canada-45487865
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