Under the orders of the new executive, any individual who is “directly involved in any attempt by the ICC to investigate, arrest, detain or prosecute any United States personnel without the consent of the United States” or has made the same effort against US allies without the country’s consent may be subject to sanctions.
The latest move comes months after the ICC allowed an investigation into alleged war crimes committed in Afghanistan by US and Afghan forces as well as alleged war crimes and crimes against humanity committed by the Taliban. It also follows a push by Chief Prosecutor Fatou Bensouda to investigate the potential crimes committed by Israel against Palestine – a prospect that Secretary of State Mike Pompeo said they were “very concerned about.”
The green light to sanction ICC officials has drawn the attention of officials in international institutions and human rights organizations.
Trump administration officials have long rejected ICC authorities – noting that the US is not a party to an international tribunal – and have taken steps intended to deter investigations, including revoking Bensouda’s entry visa last year.
“The act of the International Criminal Court is an attack on the rights of the American people and threatens to violate our national sovereignty,” White House Press Secretary Kayleigh McEnany said in a statement.
“As explained in the President’s Executive Order, the United States will continue to use all means necessary to protect our citizens and allies from unfair prosecutions by the International Criminal Court,” he said.
Speaking at the State Department Thursday, Pompeo said, “We cannot and we will not stand because our people are threatened by the kangaroo court.”
Pompeo said economic sanctions would be determined on a case-by-case basis. He also said visa restrictions would include family members of targeted officials.
“That doesn’t give us joy to punish them, but we can’t let ICC officials and their families come to the United States to shop, travel, and instead enjoy American freedom because these same officials are trying to sue the defenders of that very freedom,” said the top US diplomat.
CNN has contacted the ICC to comment.
Defense Secretary Mark Esper said that the government expects “information about alleged violations by our people will be submitted to US authorities so that we can take appropriate action because we have consistently done so in the past.”
“In the end, our justice system ensures that our people are held accountable under the United States Constitution, not the International Criminal Court or other intergovernmental bodies,” Esper said at the State Department along with Pompeo, Attorney General William Barr and national security adviser Robert O’Brien.
None of the officials answered press questions.
In his remarks on Thursday, Barr said “the US government has reason to doubt the honesty of the ICC.” He claimed the Justice Department had “substantial, credible information” about “financial corruption and long-standing irregularities at the highest level of the prosecutor’s office” and expressed concern “that foreign powers such as Russia are also manipulating the ICC in pursuing their own agenda …” Barr did not elaborate or provide evidence for those claims, which are also contained in McEnany’s statement. Russia withdrew as a signatory to the founding law of the ICC in 2016.
‘Serious problem’
In early June, the Military Coalition, “a group of 34 military, veterans and uniformed service organizations,”
write for Trump to express “deep concern” at the ICC investigation in Afghanistan. In mid-May, dozens of MPs from the bipartisan party
House and
Senate wrote to Pompeo to oppose a potential international tribunal investigation of Israel.
However, the government’s move to prevent this investigation through sanctions has drawn criticism on the world stage. On Thursday, the European Union’s High Representative for Foreign Affairs Josep Borrell called Trump’s executive order “a serious problem.”
UN spokesman Stephane Dujarric said the planned sanctions report “worried us,” adding that they would “keep abreast of developments” on the matter.
Washington’s Human Rights Watch director Andrea Prasow condemned the move, saying it “showed contempt for the rule of global law.”
“Countries that support international justice must openly oppose this striking obstruction effort,” Prasow said in a statement.
Bensouda requested authorization in November 2017 to open an investigation into the crime related to the conflict in Afghanistan. According to a statement from that time, Bensouda’s office “determined that there was a reasonable basis for believing” that members of the Afghan National Security Forces, the US armed forces and the CIA had committed “war crimes,” and that Taliban members had committed war crimes and crimes against humanity .
Although Bensouda’s initial request for authorization to open an inquiry was denied in April 2019, in March, the ICC Appeals Chamber decided unanimously in favor of allowing the investigation.
This story has been updated to include additional reactions.
Jamie Crawford from CNN, Casey Riddle, David Shortell, Richard Roth and James Frater contributed to this report.