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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?”
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 attempt to undermine and interfere with the court’s judicial and prosecutorial independence of international justice. (Please see my commentary in JURIST.)
The unilateral sanction was a crucial part of Trump’s administration’s foreign policy. Accordingly, the previous administration interpreted international law in a not accurate manner in the multilateral world. As a result, the international community, including a vast majority of state parties to the Rome Statute of 1998, expressed their opposition to Trump’s sanction.
Under President Biden’s administration, the United States’ relationship with the ICC is likely to differ from the previous administration. The Biden administration is generally in favor of international criminal justice and the ICC’s role in this regard. This measure will help the UN and international institutions enforce and implement international law in a collective approach. (Please see my commentary in JURIST)
The main issue here is how international law could prevent coercive acts directed to the international criminal justice system? How to avoid future contestations of the legitimacy of the ICC by member states or even by non-member states?
To avoid such an illegal act in international law, it must therefore be a legal obligation or common practice based on customary international law or Jus cogens. In this perspective, can we expect to consider international criminal law as a lex superior?