scholarly journals President Trump Authorizes Economic Sanctions and Visa Restrictions Aimed at International Criminal Court

2020 ◽  
Vol 114 (4) ◽  
pp. 775-778

In the spring of 2020, the Appeals Chamber of the International Criminal Court (ICC) authorized the ICC's prosecutor to investigate alleged international crimes committed in Afghanistan. The Trump administration strongly condemned this decision. In an escalation of retaliatory measures against the ICC, President Trump signed an executive order authorizing economic sanctions against foreign persons involved in the investigation and visa restrictions against those persons and their immediate family members. The ICC described these actions as a threat to the rule of law.

2013 ◽  
Vol 13 (3) ◽  
pp. 507-591 ◽  
Author(s):  
Justine Tillier

The purpose of this study is to examine the practice of the Prosecutor of the International Criminal Court with regard to his/her policy of positive complementarity. This policy aims at encouraging domestic jurisdictions to investigate and prosecute perpetrators of core international crimes. In order to achieve this goal, the Prosecutor can act at various stages of the proceedings. First at the preliminary examination phase, where he/she will determine if conditions of admissibility are met, and secondly at the investigation and prosecution phases of the proceedings. This study shows that the ability of the Prosecutor to pursue such a policy is real, but limited, as his/her core mandate, is to bring perpetrators of international crimes before the International Criminal Court. Consequently, the implementation of the policy of positive complementarity must be envisioned in collaboration with other actors working on Rule of Law Programs. In this respect, the Prosecutor must engage in cooperation with international organisations and civil society actors.


2021 ◽  
Vol 115 (1) ◽  
pp. 138-140

On September 2, 2020, the Trump administration announced that the United States had added the International Criminal Court (ICC) prosecutor, Fatou Bensouda, and the head of the Office of the Prosecutor's Jurisdiction, Complementarity, and Cooperation Division, Phakiso Mochochoko, to the Treasury Department's Office of Foreign Assets Control List of Specially Designated Nationals and Blocked Persons. The action followed Executive Order 13,928, signed in June, which authorized economic sanctions and visa restrictions on ICC employees who are investigating whether U.S. forces committed war crimes in Afghanistan. Governments and human rights groups decried the sanctions as an attack on international justice.


2020 ◽  
pp. 1-6
Author(s):  
Beth Van Schaack

On June 11, 2020, President Donald J. Trump issued Executive Order 13928 Blocking Property of Certain Persons Associated with the International Criminal Court under the authority vested in him by the International Emergency Economic Powers Act (IEEPA) and other federal statutes. Although the Trump Administration had earlier threatened aggressive action against the International Criminal Court (ICC), the issuance of the E.O. followed a ruling by the ICC Appeals Chamber authorizing the Prosecutor to commence an investigation into the situation in Afghanistan, which might implicate U.S. persons. The E.O. declared the ICC's “illegitimate assertion of jurisdiction” over U.S. personnel and the personnel of “certain of its allies” to be “an unusual and extraordinary threat to the national security and foreign policy of the United States” within the meaning of IEEPA. It is a sweeping measure, blocking all property within the United States owned by designated natural or legal person (section 1); barring any contribution or provision of funds, goods, or services to, or for the benefit of, designated persons (section 3), including even the donation of food, clothing, or medicine (section 2). The E.O. also authorized the imposition of certain immigration restrictions, including suspension of entry into the United States of ICC officials and their immediate family members (Section 4).


2017 ◽  
Vol 13 (1) ◽  
Author(s):  
Chris Gallavin ◽  
Kennedy Graham

With the negotiation of the 1998 Rome Statute of the International Criminal Court (ICC), we all believed we had entered a new age: an age of unheralded peace and security, of justice, of an end to impunity; an age of accountability.  At the time we believed the statute to be the biggest advance for peace and security through the rule of law since the United Nations Charter of 1945. 


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