6th August 2022

Confidant Classes

Competitors' very first choice

Home | LAW | US sanctions against ICC officials

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.
AP LAWCET 2022 Results Declared

AP LAWCET 2022 Results Declared

Confidant-Classes-Judiciary AP LAWCET 2022 Results: Candidates who sat for the AP Common Entrance Test (AP LAWCET 2022) will now be…
Read More
Law graduates not practising since more than 5 years, must retake AIBE: BCI tells the Supreme Court

Law graduates not practising since more than 5 years, must retake AIBE: BCI tells the Supreme Court

The BCI has ruled that if a lawyer accepts a job not related to legal or judicial matters, then that…
Read More
Careers after Law

Careers after Law

Law has become the most common option in India at the moment. It has evolved and grown tremendously over time….
Read More
DU LLB Entrance Exam 2022 decoded

DU LLB Entrance Exam 2022 decoded

The University of Delhi will conduct the entrance exam of DU LLB 2O22 tentatively in next month. The university had…
Read More
UG-CLAT 2023 Exam Pattern

UG-CLAT 2023 Exam Pattern

The UG-CLAT 2023 would focus on the assessment of the candidates’ comprehension and reasoning abilities and skills. In general, it…
Read More
70-Year-Old Fortunate to Complete LLM | University of Delhi Centenary Chance Initiative

70-Year-Old Fortunate to Complete LLM | University of Delhi Centenary Chance Initiative

Under the University of Delhi’s Centenary Chance initiative, a 70-year-old man is given the chance to complete his LLM after…
Read More
LAW Education after 12th | Law entrance examinations

LAW Education after 12th | Law entrance examinations

For law Education, you can take admission in courses like LLB, BA LLB, BSc LLB, BBA LLB, LLM. For this…
Read More
Key takeaways of CBSE 10th result 2022

Key takeaways of CBSE 10th result 2022

To check term 2 results of class 10, students can visit the official website — cbse.nic.in, cbseresults.nic.in, cbseresults.gov.in or cbse.gov.in…
Read More
CBSE 12th Results 2022 Key Takeaways

CBSE 12th Results 2022 Key Takeaways

The Central Board for Secondary Education (CBSE) has released the Class 12 result. Students can check their results on the…
Read More
CTET 2022 will be held in December

CTET 2022 will be held in December

CTET 2022: According to the official notification, the detailed newsletter containing the details of the exam, the syllabus will soon…
Read More

About Post Author

error

Enjoy this? Please spread the word :)