Tuesday 11 September 2018

Trump administration threatens ICC

The International Criminal Court's prosecutor Fatou Bensouda last year requested a full investigation into alleged war crimes in Afghanistan, which would include any committed by US military and intelligence officials. The ICC is also considering the Palestinian Authority's demand for an investigation into the Israel Defence Force's actions in Gaza.

The US has traditionally considered itself above any international agreements. But president Trump/s national security adviser has gone further in respect of the ICC by threatening steps against it. The BBC reports that Mr Bolton said in a recent speech that the ICC


  • Was a threat to "American sovereignty and US national security"
  • Lacked checks and balances, claimed "jurisdiction over crimes that have disputed and ambiguous definitions" and failed to "deter and punish atrocity crimes"
  • Was "superfluous" as the US administration did "not recognise any higher authority than the US Constitution"


Mr Bolton said: "We will not co-operate 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."

White House spokeswoman Sarah Huckabee Sanders backed Mr Bolton, saying President Donald Trump would use "any means necessary to protect our citizens [and] those of our allies from unjust prosecution from the ICC".

What steps could the US take?

ICC judges and prosecutors would be barred from entering the US and their funds in the US would be sanctioned.

"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," Mr Bolton said.

More "binding, bilateral agreements" would be signed to stop countries submitting US citizens to the court's jurisdiction.

It seems to me that the ICC's record is of convicting only the most exceptional and well-evidenced war crimes and human rights abuses and that the US has little to fear unless any of her citizens really has committed gross offences against natives of other countries. Mr Bolton has gone over the top. The time may come when the US herself may need the good offices of the ICC.

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