22nd January 2021

Confidant Classes

A Premier Judicial Service Coaching

US sanctions against ICC officials

US sanctions against ICC officials are seen as a setback for multilateralism

  • It is rare for a court to deliver justice when the sanction ends. However, in a statement this week, the United States announced sanctions, including asset freezes and visa bans, against two officials of the International Criminal Court (ICC) in The Hague.
  • Those responsible were ICC prosecutor Fatou Bensouda, and the head of the ICC’s Competence, Complements and Cooperation Division, Phakiso Mochochok (who was punished for materially assisting prosecutor Bensouda), for an investigation on alleged war crimes, by US forces and the Central Intelligence Agency, (CIA) in Afghanistan since 2003.
  • In announcing the decision, US Secretary of State Mike Pompeo called the ICC “a completely broken and corrupt institution” and threatened that the United States would “not tolerate illegitimate attempts [of the ICC] to bring Americans to its jurisdiction.”
  • “In particular, Mr. Pompeo pointed out that the United States had never ratified the “Rome Statute,” which created the ICC in 1998 and did not was therefore not subject to its decisions.
  • The investigation Ms. Bensouda opened in 2017 requested authorization to investigate war crimes, extrajudicial killings, torture and attacks against civilians by the Taliban, Afghan forces, US forces and other international military personnel stationed in Afghanistan after the fall of the Taliban.
  • In her pre-trial presentations, Ms. Bensouda said there were “reasonable grounds to believe that, since May 2003, members of the US military and the CIA have committed war crimes of torture and cruel treatment, to personal dignity and rape and other forms of sexual violence in accordance with a policy approved by US authorities ” , adding that the findings were based on the findings of the US Senate and Department of Defense committees over the years.

Blow to world order: the US decision has been criticized by the UN, the EU, 10 members of the UN Security Council, including the UK and France, as well as several international human rights agencies man, all of whom have called for sanctions to invest.

  • They say the US action has been a setback for the rules-based multilateral order, and the move to sanction anyone who assists the ICC will discourage victims of violence in Afghanistan from speaking out.
  • Some have pointed out that unilateral US sanctions would encourage other regimes accused of war crimes to disobey ICC rulings.
  • The Rome Statute has been signed by 139 countries and 123 have ratified it through their parliaments and internal processes. Although the United States was part of the founding movement to build the ICC to try genocide and war crimes cases, especially after the failure of the courts in Rwanda, it decided not to ratify the statute in 2002 Countries like Russia, China and India, however, have never been in favor of the Rome Statute or the ICC, and they have never signed on.
  • For India, the decision was based on a number of principles. For starters, the ICC is a criminal jurisdiction, unlike the International Court of Justice (which rules in civil matters), and it claims the right to pursue cases against countries that are not even signatories.
  • India said the Statute gives the UN Security Council a role in terms that violate international law by granting the power to refer cases to the ICC, the power to block such referrals and the power to ‘Binding non-state parties.’ Former Indian UN envoy Asoke Mukerji about these decisions, explaining that India was basing its objections on the Vienna Convention on the Law of Treaties.
  • India also opposed the omission of cross-border terrorism, the use of nuclear weapons and weapons of mass destruction in areas where the ICC would open its investigations.
  • While India and other countries not signatories share US concerns about the ICC, US action is seen as yet another blow to multilateralism.
  • In the last few years, the Trump administration has walked out of several UN agencies and international agreements, including Human Rights Council, UNESCO, the Paris climate change agreement and the Iran nuclear accord.
  • Particularly at a time the U.S. accuses China of disregarding international norms in the South China Sea and other areas, and of human rights violations in Xinjiang and Tibet, the U.S.’s pushback over the ICC’s case in Afghanistan seems counterproductive.
Judiciary FAQ’s Download

Judiciary FAQ’s Download

WWW.CONFIDANTCLASSES.IN-1Download
Read More
Daily NEWS Summary: 20.01.2021

Daily NEWS Summary: 20.01.2021

SC: The Chief Justice of India (CJI), Sharad A. Bobde, told the government on Wednesday that it was “inappropriate and…
Read More
Daily NEWS Summary: 19.01.2021

Daily NEWS Summary: 19.01.2021

The SC panel will meet with state governments and agricultural unions starting January 21; Delhi Police Call on Farmers to…
Read More
Daily NEWS Summary: 18.01.2021

Daily NEWS Summary: 18.01.2021

Farmer protests: Central Delhi and police should decide whether or not to allow tractor rally – SC Supreme Court said…
Read More
Daily NEWS Summary: 17.01.2021

Daily NEWS Summary: 17.01.2021

Agriculture Minister urges farmers to abandon their ‘stubborn stance’ Ahead of the 10th round of negotiations scheduled for January 19,…
Read More
Daily NEWS Summary: 16.01.2021

Daily NEWS Summary: 16.01.2021

Covaxin recipients have been asked to sign consent form in “clinical trial mode” India began its Covid-19 vaccination campaign on…
Read More
Daily NEWS Summary: 15.01.2021

Daily NEWS Summary: 15.01.2021

No progress in talks between the Center and the agricultural unions The ninth round of talks between the Center and…
Read More
Section 230, the law used to ban Donald Trump on Twitter?

Section 230, the law used to ban Donald Trump on Twitter?

Shortly after a slew of President Donald Trump supporters stormed the United States Capitol last week, their social media accounts…
Read More
Daily NEWS Summary: 14.01.2021

Daily NEWS Summary: 14.01.2021

Modi to launch vaccination campaign on January 16 Prime Minister Narendra Modi will launch the COVID-19 vaccination campaign across India…
Read More
Daily NEWS Summary: 13.01.2021

Daily NEWS Summary: 13.01.2021

Agriculture Ministry denies RTI consultation on agricultural law consultations, saying it is sub judice Agriculture Ministry rejected Right to Information…
Read More
Daily NEWS Summary: 12.01.2021

Daily NEWS Summary: 12.01.2021

Supreme Court suspends agricultural laws, forms committee over farmers’ objections The Supreme Court on Tuesday suspended the implementation of three…
Read More
error

Enjoy this? Please spread the word :)