‘’The International Criminal Court (ICC) plays an essential role in delivering justice to the victims of some of world’s most horrific crimes,’’ said EU foreign affairs chief Josep Borrell in a statement reacting to the sanctions announced by the United States administration against two ICC officials, its chief prosecutor Fatou Bensouda and Phakiso Mochochoko, head of The Hague court’s Jurisdiction, Complementarity and Cooperation Division.
U.S. Secretary of State Mike Pompeo told reporters this week that the two were sanctioned for the Court’s “illegitimate attempts to subject Americans to its jurisdiction.’’ He called the ICC ed a “thoroughly broken and corrupt institution.”
”Individuals and entities that continue to materially support those individuals risk exposure to sanctions as well,” he added.
In his statement, Borrell called the sanctions ‘’unacceptable and unprecedented measures that attempt to obstruct the Court’s investigations and judicial proceedings.’’
He said ‘’the Court independence and impartiality are crucial characteristics of the Court’s work, which are fundamental for the legitimacy of its judgements.’’
‘’The ICC must be able to work independently and impartially, free from outside interference. The United States should reconsider its position and reverse the measures it has taken. Impunity must never be an option,’’ Borrell added.
‘’The European Union is unwavering in its support for the universality of the Rome Statute and for the ICC. We will resolutely defend it from any attempts aimed at obstructing the course of justice and undermining the international system of criminal justice,’’ he concluded.
The ICC has been investigating whether war crimes have been committed by the United States in the war in Afghanistan and by Israel during the 2014 summer war with Gaza (the Israel Defense Forces’ “Operation Protective Edge”), in addition to alleged crimes in the West Bank’s disputed territories.
In June, the Trump administration authorized sanctions against ICC officials behind those investigations, in addition to visa restrictions against ICC officials and their family members.
Last year, the United States revoked Bensouda’s visa after she requested ICC judges to open a probe into alleged war crimes by the United States in Afghanistan.
Neither the United States nor Israel is a member of The Hague court.
Human-rights lawyer and Middle East analyst Irina Tsukerman told Jewish News Syndicate (JNS) that Bensouda and Mochochoko have aided and abetted what she deemed corruption.
“By now, the information about the events in Gaza is a matter of public knowledge; Israel, which has a very rigorous legal system for holding violations during military activities accountable has been a target of a deceptive, patronizing and utterly politicized campaign stemming from the supporters of a designated terrorist organization which has used its own civilians as human shields during that and other operations; and have furthermore arrested and tortured dissidents, critics and journalists critical either of that war or of other abusive practices,” she said, referring to the U.S.-designated terrorist organization Hamas. “None of that has appeared to have made it into Bensouda’s consideration; bribery and political bias are the only logical explanations for this counterproductive process.”
Regarding the ICC investigations over alleged U.S. war crimes in Afghanistan, Tsukerman said “no such investigations have been launched against mass human-rights violators in the face of the Taliban or their various state supporters, which begs the question of the real agenda for that investigation; whether the only reason for it was to embarrass the U.S., which likewise has a very rigorous court marshal and legal justice system for the investigation of the accused of war crimes and torture, and to force the U.S. out of Afghanistan, which is the goal pursued by the Taliban and those various state backers.”