International Criminal Court

thumb|The American threats against international judges clearly show the new political climate. It is shocking. ~ Christoph Flügge The International Criminal Court is an intergovernmental organization and international tribunal that sits in The Hague, Netherlands. The ICC has jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, war crimes, and the crime of aggression. Quotes 2018 The Palestinian foreign minister has called on the international criminal court to immediately open an investigation into alleged Israeli war crimes, crimes against humanity, and apartheid. Riyad al-Maliki met the ICC’s chief prosecutor, Fatou Bensouda, at the tribunal on Tuesday in The Hague and referred the case, calling it an “important and historic step towards justice for the Palestinian people who continue to suffer ongoing, widespread and systematic crimes”. He said the move was “due to the intensity and the rate and the severity of the crimes against our people” including the targeting of “unarmed protestors in the Gaza Strip”...Bensouda said in April: “Violence against civilians – in a situation such as the one prevailing in Gaza – could constitute crimes... as could the use of civilian presence for the purpose of shielding military activities.” The ICC considers itself a court of last resort, authorised to take on cases when authorities are unable or unwilling to launch prosecutions. Palestinian minister delivers Israel 'war crimes' referral to ICC, The Guardian, (22 May 2018) US national security adviser John Bolton announced... that the US will use "any means necessary" to protect its citizens and allies from prosecution by the International Criminal Court. "United States will use any means necessary to protect our citizens and those of our allies from unjust prosecution by this illegitimate court" US threatens sanctions against International Criminal Court, will close PLO office in Washington, CNN, (11 September 2018) 2019 Today, I announce that following a thorough, independent and objective assessment of all reliable information available to my Office, the preliminary examination into the Situation in Palestine has concluded with the determination that all the statutory criteria under the Rome Statute for the opening of an investigation have been met. I am satisfied that there is a reasonable basis to proceed with an investigation into the situation in Palestine... In brief, I am satisfied that (i) war crimes have been or are being committed in the West Bank, including East Jerusalem, and the Gaza Strip ("Gaza")...; (ii) potential cases arising from the situation would be admissible; and (iii) there are no substantial reasons to believe that an investigation would not serve the interests of justice. Fatou Bensouda (ICC Chief Prosecutor), Statement of ICC Prosecutor, Fatou Bensouda, on the conclusion of the preliminary examination of the Situation in Palestine, and seeking a ruling on the scope of the Court’s territorial jurisdiction (20 December 2019) The US has revoked the visa of the international criminal court’s chief prosecutor in response to her intention to investigate potential war crimes by US soldiers in Afghanistan. A statement from the office of Fatou Bensouda, a Gambian national, said she would continue to pursue her duties for the court, in The Hague, “without fear or favour” and that she would continue to travel to the US. She has not been restricted from visiting the UN headquarters in New York. The US state department does not provide details of individual visa cases but made clear it was implementing the threat last month from the secretary of state, Mike Pompeo, to impose restrictions on any ICC staff who investigated US or allied personnel. The move marked a hardening of America’s policy of non-cooperation with the ICC, and a downgrading of the role of multilateralism. US revokes ICC prosecutor's visa over Afghanistan inquiry, Fatou Bensouda wants to open investigation into alleged war crimes, including by US troops, The Guardian, (5 April 2019) Bensouda’s office said she had an “independent and impartial mandate” under Rome Statute governing the ICC. “The prosecutor and her office will continue to undertake that statutory duty with utmost commitment and professionalism, without fear or favour,” it added. Bensouda makes regular trips to the UN in New York, where she gives briefings to the security council. The UN office is seen as covered by a form of diplomatic immunity... Bensouda asked ICC judges in November 2017 for authorisation to open an investigation into alleged war crimes in Afghanistan by the Taliban, Afghan government forces and international forces, including US troops. The investigation is also expected to examine CIA activity in detention centres in Afghanistan. The court has not yet decided whether to launch a full-blown investigation that would cover events after 2002. US revokes ICC prosecutor's visa over Afghanistan inquiry, Fatou Bensouda wants to open investigation into alleged war crimes, including by US troops, The Guardian, (5 April 2019) The Trump administration has barred International Criminal Court investigators from entering the United States. Secretary of State Mike Pompeo announced Friday that the U.S. will start denying visas to members of the ICC who may be investigating alleged war crimes by the U.S. military in Afghanistan. In September, national security adviser John Bolton threatened U.S. sanctions against ICC judges if they continued to investigate alleged war crimes committed by U.S. troops in Afghanistan. Democracy Now ACLU: The U.S. Is Acting Like an Authoritarian Regime by Barring ICC Officials Probing War Crimes (19 March 2019) John Bolton, the national security adviser to the U.S. president, held a speech last September in which he wished death on the International Criminal Court... The American security adviser held his speech at a time when The Hague was planning preliminary investigations into American soldiers who had been accused of torturing people in Afghanistan. The American threats against international judges clearly show the new political climate. It is shocking. Christoph Flügge, a judge serving on the International Criminal Court, in his statement of resignation, as reported in International Criminal Court Judge: “It Can’t Be Fixed” – Cites “Shocking” Interference from Washington The Washington Standard, (31 January 2019) 2020 I, along with my Office, execute our mandate under the Rome Statute with utmost independence, objectivity, fairness and professional integrity. We will continue to meet our responsibilities as required by the Rome Statute without fear or favor. Fatou Bensouda (ICC Chief Prosecutor) quoted in ICC delays jurisdiction ruling on Israel war crimes case over document length, Times of Israel, (22 January 2020) If the U.S. government had prosecuted Bush administration officials for their war crimes during the “war on terror,” the ICC would not now take jurisdiction. But after Barack Obama said, “Generally speaking, I’m more interested in looking forward than I am in looking backwards,” his administration refused to prosecute those implicated in the torture and willful killings of detainees during the Bush administration. Marjorie Cohn in Team Trump Tried to Bully the ICC Into Dropping War Crimes Probe But Failed, by Marjorie Cohn, Truthout] (10 March 2020) Bensouda (the International Criminal Court's chief prosecutor since June 2012) found the alleged crimes by the CIA and U.S. military “were not the abuses of a few isolated individuals,” but were “part of approved interrogation techniques in an attempt to extract ‘actionable intelligence’ from detainees.” ... The Pretrial Chamber agreed with Bensouda that there were reasonable grounds to believe that, pursuant to a U.S. policy, members of the CIA had committed war crimes. They included torture and cruel treatment, and outrages upon personal dignity, as well as rape and other forms of sexual violence against those held in detention facilities in the territory of States Parties to the Rome Statute, including Afghanistan, Poland, Romania and Lithuania. Marjorie Cohn in Team Trump Tried to Bully the ICC Into Dropping War Crimes Probe But Failed, by Marjorie Cohn, Truthout] (10 March 2020) After the prosecutor of the International Criminal Court (ICC) found a reasonable basis to believe that U.S. military and CIA leaders committed war crimes and crimes against humanity in Afghanistan, Team Trump threatened to ban ICC judges and prosecutors from the U.S. and warned it would impose economic sanctions on the Court if it launched an investigation... Once again, the Trump administration is threatening the International Criminal Court. Following the Appeals Chamber’s decision, Secretary of State Mike Pompeo declared, “This is a truly breathtaking action by an unaccountable political institution, masquerading as a legal body.” He added, “The United States is not a party to the ICC, and we will take all necessary measures to protect our citizens from this renegade, so-called court.” Pompeo is likely referring to the American Service-Members’ Protection Act... it says that if a U.S. or allied national is detained by the ICC, the U.S. military can use armed force to extricate the individual. Marjorie Cohn in Team Trump Tried to Bully the ICC Into Dropping War Crimes Probe But Failed, Truthout (10 March 2020) No one except the world’s most brutal regimes win when the United States tries to impugn and sabotage international institutions established to hold human rights abusers accountable... Countries must fully cooperate with this investigation and not submit to any authoritarian tactics by the Trump administration to sabotage it. Jamil Dakwar (director of the ACLU’s Human Rights Project), quoted in Team Trump Tried to Bully the ICC Into Dropping War Crimes Probe But Failed, Marjorie Cohn Truthout (10 March 2020) 2023 Today, 17th of March 2023, the International Criminal Court has issued two warrants of arrest in the Ukraine situation for Vladimir Putin, President of the Russian Federation and for Maria Lvova-Belova, Commissioner of the Russian President's [office] for children’s rights, for the alleged war crimes of deportation of children from Ukrainian occupied territories into the Russian Federation. It is forbidden by international law for occupying powers to transfer civilians from the territory they live in to other territories. Children enjoy special protection under the Geneva Convention. The contents of the warrants are secret in order to protect victims. The ICC attaches great importance to the protection of victims especially children. Nevertheless, the judges of the chamber dealing with this case decided to make the existence of the warrants public in the interest of justice and to prevent the commission of future crimes. This is an important moment in the process of justice before the ICC, the judges have reviewed the information and evidence submitted by the prosecutor, and determined that there are credible allegations against these persons for the alleged crimes. The ICC is doing its part of work. As a court of law, the judges issued arrest warrants. Their execution depends on international cooperation. Piotr Hofmański, president of the International Criminal Court in video statement on the court's decision to issue arrest warrants as part of an ICC press release "Situation in Ukraine: ICC judges issue arrest warrants against Vladimir Vladimirovich Putin and Maria Alekseyevna Lvova-Belova" (17 March 2023) Quotes about the ICC thumb|If the U.S. government had prosecuted Bush administration officials for their war crimes during the “war on terror,” the ICC would not now take jurisdiction. But after Barack Obama  said, “Generally speaking, I’m more interested in looking forward than I am in looking backwards,” his administration refused to prosecute those implicated in the torture and willful killings of detainees during the Bush administration. ~Marjorie Cohn 2018 The International Criminal Court (ICC's) mandate to investigate war crimes has thus been hampered by the unwillingness of the world’s sole superpower to commit to the organization.... Recent statements...suggest that the United States is now preparing to go to war against the ICC itself, motivated largely by an effort to silence investigations into alleged American war crimes committed in Afghanistan, as well as alleged crimes committed by Israel during the 2014 war in the Gaza Strip....The unwillingness or inability of U.S. courts to seriously investigate war crimes carried out by American citizens is part of why the ICC mandate in Afghanistan has been viewed as an important effort to bring a minimum level of accountability over the conflict. Murtaza Hussain, The U.S. Goes To War Against the ICC to Cover Up Alleged War Crimes in Afghanistan, The Intercept, (12 September 2018) France is... being sued in the International Criminal Court for alleged "crimes against humanity." The case has been brought by leaders of French Polynesia, citing nearly 200 nuclear tests France carried out in the South Pacific, causing thousands to become ill from radioactive fallout... French Polynesia, which is still officially a collectivity of France... was once the principle location of France's nuclear tests. The country's Mururoa and Fangataufa atolls faced 193 such tests between the 1960s and the mid-1990s, according to France 24.... About 150,000 civilians and military personnel were involved in the tests, and a large number later developed serious health problems as a result. Although about 1,000 people have officially filed complaints against the French government, only 20 have received any compensation... France had long denied any wrongdoing in conducting the tests, arguing that it had no bearing on health and the environment. It wasn't until 2010 that the country officially passed legislation allowing for compensation for veterans and civilians who suffered as a result of the experiments. More Trouble for Macron? France Sued for 'Crimes Against Humanity' at International Court, By Jason Lemon, Newsweek, (11 October 2018) The Prosecutor mandated to oversee the Occupied Palestinian Territory for the International Criminal Court (ICC) stated on Wednesday that her office is keeping “a close eye” on the planned demolition of a Palestinian village in the West Bank by Israeli authorities, warning that, according to international law, it could constitute a “war crime”. Approximately 190 herders, half of whom are children, live in Khan al-Ahmar, a village located in the outskirts of East Jerusalem. According to the UN Office for the Coordination of Humanitarian Affairs (OCHA), the village is one of dozens affected by an Israeli settlement reorganization plan... “It bears recalling, as a general matter,” said the ICC Prosecutor, “that extensive destruction of property without military necessity and population transfers in an occupied territory constitute war crimes under the Rome Statute.” West Bank: ‘imminent’ demolition of Palestinian village could be ‘war crime’ – ICC Prosecutor, UN News, (17 October 2018) 2019 In September... White House national security adviser John Bolton cited the ongoing investigation and another probe into alleged crimes committed by Israel against Palestinians as signs that the court was "ineffective, unaccountable, and indeed, outright dangerous" in a speech to the Federalist Society in Washington. He rejected "any attempts to constrain the United States," highlighting that the U.S. had "un-signed" the 2002 Rome Statute under former President George W. Bush..."We will not cooperate with the ICC. We will provide no assistance to the ICC. We will not join the ICC. We will let the ICC die on its own. After all, for all intents and purposes, the ICC is already dead to us," Bolton argued, adding that "the U.S. will use any means necessary to protect our citizens and those of our allies from unjust prosecution by this illegitimate court." Former judge Christoph Flügge cited these comments and U.S. threats to restrict the visas of ICC judges as one of the reasons he felt the need to resign from his decade-long post on the International Criminal Tribunal for the former Yugoslavia in a January interview with The Guardian. In March, Pompeo announced "a policy of U.S. visa restrictions on those individuals directly responsible for any ICC investigation of U.S. personnel." U.S. Brags About How It 'Stopped International Courts' Trying to Charge Troops with War Crimes, by Tom O'Conner, Newsweek (27 August 2019) 2020 If the U.S. government had prosecuted Bush administration officials for their war crimes during the “war on terror,” the ICC would not now take jurisdiction. But after Barack Obama said, “Generally speaking, I’m more interested in looking forward than I am in looking backwards,” his administration refused to prosecute those implicated in the torture and willful killings of detainees during the Bush administration. Marjorie Cohn in Team Trump Tried to Bully the ICC Into Dropping War Crimes Probe But Failed, by Marjorie Cohn, Truthout (10 March 2020) After the prosecutor of the International Criminal Court (ICC) found a reasonable basis to believe that U.S. military and CIA leaders committed war crimes and crimes against humanity in Afghanistan, Team Trump threatened to ban ICC judges and prosecutors from the U.S. and warned it would impose economic sanctions on the Court if it launched an investigation Marjorie Cohn in Team Trump Tried to Bully the ICC Into Dropping War Crimes Probe But Failed, by Marjorie Cohn, Truthout] (10 March 2020) The chief prosecutor of the International Criminal Court on Thursday reiterated her position that Palestine is a state for the purposes of transferring criminal jurisdiction over its territory to The Hague. Dismissing the legal opinions of several states and dozens of international law scholars, Fatou Bensouda’s view, laid out in great detail in a 60-page document, could pave the way for an investigation of alleged war crimes committed in the West Bank, the Gaza Strip and East Jerusalem. “The Prosecution has carefully considered the observations of the participants and remains of the view that the Court has jurisdiction over the Occupied Palestinian Territory,” she wrote. Chief prosecutor insists ICC has jurisdiction to probe war crimes in ‘Palestine’, Raphael Ahren, The Times of Israel, (30 April 2020) On December 20, concluding a five-year preliminary examination of the “situation in Palestine,” Bensouda said she has “reasonable basis to believe that war crimes were committed” in those regions by both the Israel Defense Forces and Hamas and other “Palestinian armed groups." At the time, she said that she herself believes the court indeed has jurisdiction to investigate possible war crimes in the regions, but, due to the controversial nature of the case, asked for a definitive ruling on the matter from a pre-trial chamber. Member states and independent experts were invited to weigh on the matter as well. “Such a wide variety of perspectives will afford considerable legitimacy to the Court’s ultimate decision,” Bensouda wrote. In the document she published Thursday, Bensouda reiterated that her position is not about the question of Palestinian statehood per se, but rather about whether the “State of Palestine,” which is a member of the ICC, can convey criminal jurisdiction to the court. In her view, Palestine indeed fulfills all required criteria to do that. Chief prosecutor insists ICC has jurisdiction to probe war crimes in ‘Palestine’, Raphael Ahren, The Times of Israel, (30 April 2020) Palestine is a state and the International Criminal Court has jurisdiction involving its cases, the ICC prosecutor ruled Thursday, which could pave the way for a war crimes investigation against Israel. A three-judge panel of the ICC Pretrial Chamber must now affirm the decision by Fatou Bensouda. Israel has been accused of committing war crimes in the West Bank, eastern Jerusalem and the Gaza Strip... Under Bensouda’s 60-page decision, the ICC may exercise its jurisdiction in “territory” that “comprises the West Bank, including East Jerusalem, and Gaza.” Israel could be prosecuted for war crimes with International Criminal Court ruling that Palestine is a state, Jewish Telegraphic Agency, (30 April 2020) On Friday The Palestine Liberation Organisation (PLO) welcomed the news that the International Criminal Court (ICC) Chief Prosecutor Fatou Bensouda reiterated her position that Palestine is a state for the purposes of transferring criminal jurisdiction over its territory to The Hague, Wafa News Agency reported. Bensouda confirmed her position that the ICC has jurisdiction over the Palestinian territories, including East Jerusalem. Palestine welcomes ICC report on jurisdiction over Palestinian territories, Middle East Monitor (2 May 2020) Although the International Criminal Court considered and dismissed possible criminal charges against Tony Blair’s UK Government regarding the invasion and military occupation of Iraq, the actual crime, of invading and militarily occupying a country which had posed no threat to the national security of the invader, was ignored, and the conclusion was that “the situation did not appear to meet the required threshold of the Statute” (which was only “Willful killing or inhuman treatment of civilians” and which ignored the real crime, which was “aggressive war” or “the crime of aggression” — the crime for which Nazis had been hanged at Nuremberg). Furthermore, no charges whatsoever against the U.S. Government (the world’s most frequent and most heinous violator of international law) were considered. In other words: the International Criminal Court is subordinate to, instead of applicable to, the U.S. regime. Just like Adolf Hitler had repeatedly made clear that, to him, all nations except Germany were dispensable and only Germany wasn’t, Barack Obama repeatedly said that “The United States is and remains the one indispensable nation”, which likewise means that every other nation is “dispensable.” The criminal International Criminal Court accepts this, and yet expects to be respected. Eric Zuesse, Why U.S. Must Be Prosecuted for Its War Crimes Against Iraq, American Herald Tribune, (16 May 2020) A war crimes complaint has been filed against President Donald Trump, Israeli Prime Minister Benjamin Netanyahu and Trump adviser Jared Kushner in the International Criminal Court (ICC).... The complaint, filed by Middlesex University law professor William Schabas on June 30 on behalf of four Palestinians who live in the West Bank, states “there is credible evidence” that Trump, Netanyahu and Kushner “are complicit in acts that may amount to war crimes relating to the transfer of populations into occupied territory and the annexation of the sovereign territory of the State of Palestine.” Under article 15 of the ICC’s Rome Statute, any individual, group or organization can bring a complaint to the Office of the Prosecutor. ... Schabas’ complaint comes on the heels of unusual moves last month from the Trump administration, which declared a “national emergency” in June in an effort to shield U.S. and Israeli officials from ICC accountability for war crimes and crimes against humanity. Marjorie Cohn in Trump Is Trying to Hide US & Israeli War Crimes by Attacking the International Criminal Court, TruthOut, (8 July 2020) Palestine acceded to the Rome Statute, thereby becoming a member of the States Parties of the International Criminal Court. The International Association of Democratic Lawyers (IADL) filed an amicus brief on March 16, 2020, urging the ICC to confirm its jurisdiction over Palestine. IADL bureau member Richard Harvey wrote: The ICC’s normative power and legal authority will be strengthened by confirming its jurisdiction over the State of Palestine, including the West Bank, East Jerusalem and Gaza, and opening an investigation into the Palestinian situation. Thereby the equal rights of all peoples to justice for international crimes will receive much-needed affirmation.... Sixty-seven ICC member countries representing regions throughout the world issued a joint statement expressing their “unwavering support for the Court as an independent and impartial judicial institution.” Marjorie Cohn in Trump Is Trying to Hide US & Israeli War Crimes by Attacking the International Criminal Court, TruthOut, (8 July 2020) As States Parties to the Rome Statute of the International Criminal Court (ICC), we reconfirm our unwavering support for the Court as an independent and impartial judicial institution. In line with the 11 June press release of the President of the Assembly of States Parties, we reiterate our commitment to uphold and defend the principles and values enshrined in the Rome Statute and to preserve its integrity undeterred by any measures or threats against the Court, its officials and those cooperating with it. We remain committed to an international rules-based order. Statement in support of the International Criminal Court (ICC) following the release of the US Executive Order of 11 June 2020; Permanent mission of France to the United Nations in New York, (Endorsed by sixty-seven ICC member countries) (23 June 2020) The president of the international criminal court has accused the US of acting unlawfully by threatening an economic and legal offensive against the institution following a decision by judges to open an investigation into war crimes in Afghanistan... “This is unlawful … In any liberal democracy, or even not so liberal democracies, you pick up a statute book and it will tell you that it is against the law to coerce a court of law in order to have justice the way you want it,” Eboe-Osuji said in an interview. “Even in the US itself, the law forbids that form of conduct.” Head of ICC says US measures to curb court are unlawful, Jason Burke, The Guardian, (24 June 2020) See also Crimes against humanity Justice International law Rome Statute of the International Criminal Court Rule of law War crimes External links Category:Courts Category:Crime Category:International law