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- Abbas.Poorhashemi: US Sanctions Against the International Criminal Court: Where is International Law Going? As I discussed previously in the JURIST—Professional Commentary, September 15, 2020, President Trump is already engaged in an unprecedented offensive against the ICC. In June 2020, he authorized economic sanctions against officials of the ICC to dissuade the jurisdiction from prosecuting the American military for their involvement in the conflict in Afghanistan. Such an act in international law was an... (more)
- magli: How to Address the Legality of EO 13928 and the Never Ending Unilateral Punitive Measures: A View From Across the Atlantic by Konstantinos D. Magliveras I. Introduction Executive orders (or presidential decrees or whatever they are called in different jurisdictions) are what they are: the setting out by the head of state of actions to be pursued because he/she believes them to be in the best interest of his/her country,... (more)
- jak223: An Ultra Vires Attack on the ICC: Executive Order 13298 and the IEEPA In November 2017, International Criminal Court (ICC) Prosecutor Fatou Bensouda requested authorization to open an investigation into alleged war crimes and crimes against humanity committed in Afghanistan after May 1, 2003, which would include an investigation of Taliban and Afghan National Security Forces, as well as United States military and Central... (more)
- eboldis: The Effects of the Executive Order on the Legitimacy of the ICC Introduction States, particularly those against whom proceedings have been brought, have had contentious relationships with international judicial institutions. There are various ways in which these States refuse to cooperate with international courts. Among others, these methods of non-compliance and non-cooperation include refusing to comply with arrest warrants,... (more)
- madhavi.narayanan: Beyond the Rome Statute: International Obligations to Promote the Victim Right to a Remedy I. Introduction In December 2003 Mr. al-Asad, a Yemeni national and successful businessman living in Tanzania, was seized from his home, in front of his family, by Tanzanian officials and secretly flown to Djibouti […] where he was interrogated by an American official and threatened with death. He was then handed over to... (more)
- Melis: Enhancing the International Criminal Court’s Perceived Legitimacy to Soften the U.S. Stance I. Introduction Executive Order 13928 issued by U.S. President Donald Trump states that the International Criminal Court’s (ICC) investigation of the situation in Afghanistan is “illegitimate” and “infringe[s] upon the sovereignty of the United States.”1 The... (more)
- ramyaswami: The Biden Administration Should Abandon the United States ICC Sanctions Regime I. Introduction On March 5, 2020, the Appeals Chamber of the International Criminal Court (ICC) unanimously decided to grant the Prosecutor’s request to commence an investigation into alleged crimes under the Court’s jurisdiction in relation to the situation in Afghanistan. The Appeals Chamber authorized the prosecutor to... (more)
- asykora: Are the United States’ Sanctions Against the International Criminal Court Appropriate? I. Introduction On June 11, 2020, in response to the International Criminal Court (ICC) authorizing an investigation into alleged war crimes committed against Afghanistan citizens, U.S. President Trump issued Executive Order 13928 approving sanctions against any person who have directly engaged in any effort by the... (more)
- Patrick King: I. Introduction On June 11, 2020, President Donald Trump issued Executive Order 13928: Blocking Property of Certain Persons Associated with the International Criminal Court, (EO 13928) which empowers the Secretary of State to designate foreign persons who he determines have assisted or engaged in efforts by the International Criminal Court (ICC) to investigate or prosecute American citizens or citizens of American allies.1... (more)
Comment on the U.S. Sanctions Question: “Is it appropriate or effective for the United States to attempt to influence the actions of the International Criminal Court by means of the sanctions set forth in President Trump’s June 2020 Executive Order?”
The US Executive Order is unreasonably expansive and appears to apply to potential ICC investigations against unspecified "allies". In this respect, the US Executive Order is an escalation of a policy which has been in place since the American Service Members Protection Act of August 2, 2002 and a series of Article 98 Agreements aimed at precluding the extradition of US citizens to the Court. Several ICC State Parties signed these agreements with the US. The Assembly of State Parties of the ICC did not take measures then to counter this US policy or to question the commitment of the State Parties that signed these agreements with the US to their cooperation obligations towards the Court. As a panelist on the plenary discussion on cooperation and execution of arrest warrants organized by France and Senegal during the ASP that took place in the Hague in December 2018, I raised this problem and questioned the commitment of State Parties to their cooperation obligations when confronted with their other multilateral and bilateral treaty obligations. Not a single State Party present commented on my submission on this matter. The outpouring of support for the Court after the US Executive Order is lip service, half hearted and hypocritical. State Parties that signed the Article 98 Agreements should renounce them or use their diplomatic leverage with the US to resolve this problem.