Outrage as US imposes sanctions on ICC prosecutor, others

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Outrage as US imposes sanctions ICC top staff
UN Secretary General, Antonio Guterres

Say action will encourage impunity

Admin l Wednesday, September 02, 2020

 HAGUE, Netherland – The Assembly of  State Parties(ASP) and the International Criminal Court(ICC) have all rejected and condemned the actions of the United States in imposing sanctions on civil servants and other staff of the ICC.

Secretary General of the United Nations, Antonio Guterres said the UN has noted US imposition of sanctions on ICC staff for doing their jobs and will continue to monitor development.

The US imposed the sanctions after US Secretary of State Mike Pompeo accused the ICC of “illegitimate attempts to subject Americans to its jurisdiction”, announcing sanctions against Chief Prosecutor Fatou Bensouda and the Head of the Jurisdiction Complementarity and Cooperation Division, Phakiso Mochochoko, in accordance with a US executive order issued in early June by President Donald Trump involving “Blocking Property of Certain Persons Associated with the ICC.

ICC Prosecutor, Fatou Bensouda

In a statement, ACP President O-Gon Kwon and the Public Affairs Department of the ICC described the action of the United States as amounting to undue interference.

“The new measures, announced pursuant to the US Executive Order 13928 dated 11 June 2020, are another attempt to interfere with the Court’s judicial and prosecutorial independence and crucial work to address grave crimes of concern to the international community as mandated under the ICC Rome Statute.

“These coercive acts, directed at an international judicial institution and its civil servants, are unprecedented and constitute serious attacks against the Court, the Rome Statute system of international criminal justice, and the rule of law more generally”, the ICC said, adding that  it will continue to stand firmly by its personnel and its mission of fighting impunity for the world’s most serious crimes under international law, independently and impartially, in accordance with its mandate.

“In doing so, the Court benefits from the strong support and commitment of two thirds of the world’s States which are parties to the Rome Statute”, the ICC said.

On his own President of the ASP said the measures will weaken common endeavour to fight impunity.

“I strongly reject such unprecedented and unacceptable measures against a treaty-based international organization. They only serve to weaken our common endeavor to fight impunity for mass atrocities.

“The Court is an independent and impartial judicial institution. It operates in strict adherence to the provisions of the Rome Statute. The ICC is complementary to national jurisdictions and thus recognizes the primary jurisdiction of States themselves. This is the cornerstone of the Statute.

“Further, the Assembly of States Parties and the Court have together embarked on wide-ranging review process to strengthen the Rome Statute system and improve the Court’s performance and efficiency.

“We stand by our Court and its staff as well as those cooperating with it in implementing its judicial mandate. A meeting of the Bureau of the Assembly will take place shortly to consider the measures imposed by the United States and ways to give effect to our unstinting support for the Court”, he said and called on state parties to restate their resolve to preserve the Roman Statute.

“I call upon the States Parties and all the stakeholders in the Rome Statute system to reiterate once again our unwavering commitment to uphold and defend the principles and values enshrined in the Statute and to preserve its integrity undeterred by any measures and threats against the Court and its officials, staff and their families”, he said.

Meanwhile, the United Nations has noted with concern the recent actions of the United States. Speaking  earlier today, UN Secretary General Antonio Guterres said the UN will continue to monitor development.

“The UN continues to closely follow developments on this matter”, he said, adding that cooperation between the United Nations and the International Criminal Court is founded on their Relationship Agreement, which was approved by the General Assembly on September 2004. The UN will be analyzing any possible implications that this development may have with respect to the implementation of this Relationship Agreement.

“In line with previous statements of the Secretary of State, the UN trusts that any restrictions taken against individuals would be implemented consistently with the Host Country’s obligations under the United Nations Headquarters Agreement”, the UN said.

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