April 16, 2019

U.S. revokes visa of ICC prosecutor

located:	USA, Afghanistan
editor:	Yair Oded

Earlier this month, the United States government revoked the visa of the International Criminal Court’s (ICC) chief prosecutor, Fatou Bensouda, after she attempted to launch an investigation into alleged war crimes committed by U.S. soldiers in Afghanistan. Shortly thereafter, the ICC rejected Bensouda’s request to carry on with the investigation, thus contributing to its own delegitimization by the U.S.

Founded in 2002, the ICC is an intergovernmental organization endowed with the authority to investigate and prosecute individuals it finds guilty of committing international crimes of genocide, crimes against humanity, war crimes, and crimes of aggression. Based in The Hague, the court derives its jurisdiction from the Rome Treaty, and currently has 124 signatory parties. Rather than bypass national court systems, the ICC seeks to prosecute cases of international crimes when local courts are unable or unwilling to do so themselves, or when cases are referred by the UN Security Council or individual states. 44 individuals have thus far been indicted by the ICC, including Sudanese president Omar al-Bashir, Kenyan president Uhuru Kenyatta, and Libyan leader Muammar Gaddafi.

Back in November 2017, Bensouda requested authorization to launch an investigation into alleged war crimes committed in Afghanistan by the Taliban, Afghan government troops, and American soldiers. The American government retaliated with a strict refusal to allow any investigation into its institutions or allies. In a fiery September 2018 speech, US National Security Adviser John Bolton stated, “We will provide no assistance to 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.”

The U.S. government’s attack on the ICC culminated in the revocation of Bensouda’s visa earlier this month, claiming the court was “attacking America’s rule of law.” “If you’re responsible for the proposed ICC investigation of US personnel in connection with the situation in Afghanistan you should not assume that you still have, or will get, a visa or that you will permitted to enter the United States,” stated U.S. Secretary of State Mike Pompeo.

While human rights activists and legal experts from across the globe bemoaned America’s refusal to cooperate with Bensouda, the ICC itself chose to side with the U.S. government and officially shut down the investigation. Although Bensouda appears undeterred and committed to pursuing justice in this case, it is unlikely that she will have any mandate to do so without the backing of the court.

Since the ICC’s inception, the U.S. government was steadfast in its position that it does not recognize the court’s legal jurisdiction and is not bound to its authority, despite its commitments as a signatory to the Rome Treaty. The U.S. has repeatedly thwarted investigations of the court into its conduct abroad and alleged crimes committed by its agents and troops. By doing so, the U.S. does not only invalidate international human rights principles and bodies, but also entrenches a colonialist mentality according to which Western powers are exempt from any type of moral accountability - unlike dwellers of the global South.  

Image in the public domain in the United States