*THE HAGUE – The International Criminal Court on Tuesday said its workwould continue “undeterred” after Washington threatened to prosecute itsjudges if Americans are charged with war crimes committed in Afghanistan.*
France and Germany also weighed in to support the Hague-based court afterWhite House National Security Advisor John Bolton said the ICC was “alreadydead to us”.
“The ICC, as a court of law, will continue to do its work undeterred, inaccordance with those principles and the overarching idea of the rule oflaw,” the tribunal said in a statement.
In a further show of support, the Hague-based court’s overseeing body saidit received “strong cooperation and backing” from its 123 member states aswell as from other states, international organisations and civil society.
Key states spoke up to defend the ICC, set up in 2002 with jurisdiction toinvestigate and prosecute the world’s worst crimes including genocide, warcrimes and crimes against humanity.
“France, with its European partners, supports the ICC, both in itsfinancial support and with its cooperation,” the French foreign ministrysaid
“The court must be able to act and exercise its prerogatives unhindered, inan independent and impartial manner.”
Germany’s foreign ministry said on Twitter that “we are committed to thework of the ICC — in particular when it comes under fire”.‘Dead to us’
Bolton, US President Donald Trump’s hardline national security aide, onMonday threatened to arrest and sanction court officials should they moveto charge any American who served in Afghanistan with war crimes.
He called the ICC “unaccountable” and “outright dangerous” to the UnitedStates, Israel and other allies, and said any probe of US service memberswould be “an utterly unfounded, unjustifiable investigation”.
He also cited a recent move by Palestinian leaders to have Israeliofficials prosecuted at the ICC for human rights violations. “If the courtcomes after us, Israel or other US allies, we will not sit quietly,” Boltonsaid.
The US was prepared to slap financial sanctions and criminal charges onofficials of the court if they proceed against any Americans, he added.
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“We will not cooperate with the ICC. We will provide no assistance to theICC and we certainly will not join the ICC. We will let the ICC die on itsown. After all, for all intents and purposes, the ICC is already dead tous.”‘Gravest crimes’
But in response, the ICC declared itself an “independent and impartialjudicial institution”.
It also stressed that it would only investigate and prosecute crimes “whenthe States concerned fail to do so at all or genuinely.”
In a separate statement, the court’s overseeing body, the Assembly ofStates Parties (ASP) also pointed out that the ICC “recognises the primaryjurisdiction of States to investigate and prosecute atrocity crimes”.
But its president O-Gon Kwon added that the ASP “remains committed touphold and defend the principles and values enshrined in the Rome Statute,including in particular the judicial independence of the court”.
He said the court was “crucial for ensuring accountability for the gravestcrimes under international law”.
The court can investigate prosecute serious crimes but does not have thecapacity to arrest suspects and depends on member states for theircooperation.
The United States has not signed up to the court and in 2002 Congresspassed a law technically enabling Washington to invade the Netherlands toliberate any US citizen, should they be held by the court.
Most of its cases have involved crimes in Africa, a point Bolton seized onwhen he said that “despite ongoing ICC investigations, atrocities continueto occur in the Democratic Republic of the Congo, Sudan, Libya, Syria, andmany other nations”. – APP/AFP
