The International Bar Association’s Human Rights Institute (IBAHRI) condemns the remarks of United States Secretary of State, Michael Pompeo, in relation to an ongoing investigation at the International Criminal Court (ICC). During the media briefing on 17 March 2020, Secretary Pompeo spoke of the possible implication of US nationals in investigations conducted by the ICC Office of the Prosecutor. He derogatorily referred to the ICC as a ‘so-called court’ and a ‘nakedly political body’. He also named two members of the prosecution’s staff and implied measures could be imposed on these individuals, and their families.
Anne Ramberg Dr jur hc, IBAHRI Co-Chair and the immediate past Secretary General of the Swedish Bar Association, commented: ‘The IBAHRI notes with extreme concern the naming of ICC personnel and the veiled threats regarding their families. The ongoing attempts by the United States to obstruct the ICC’s investigations in Afghanistan is deeply concerning. The ICC is a judicial institution charged to provide accountability for the most serious crimes and can act only when national jurisdictions fail to do so. Any state, including the US, that fully investigates and prosecutes crimes committed by its own nationals, has no reason to fear the ICC. Rather than fully pursue accountability for torture and other crimes committed in the war in Afghanistan, the US is seeking to deter ICC investigations.’
Secretary Pompeo’s statements to the press follow the ICC Appeals Chamber’s authorisation of an investigation into war crimes and crimes against humanity committed within the context of the war in Afghanistan; these investigations may implicate US armed forces and US Central Intelligence Agency personnel. Although Secretary Pompeo has spoken against the ICC in the past, this is the first time he has publicly singled out individuals and their family members, taking criticism and interference to a new level. In 2019, the US also denied entry to ICC Prosecutor, Fatou Bensouda, and other members of her staff involved in the preliminary examinations.
Dr Mark Ellis, IBA Executive Director, said: ‘The Office of the Prosecutor is an independent body within the ICC and any attempt to obstruct the performance of its statutory duties is a threat to the rule of law and international justice. The US administration is consistently and aggressively targeting the Court, and by doing so seeking to undermine a legitimate judicial process. We call on all states to support the Office of the Prosecutor in its work.’
As of 2020, 123 States are parties to the Rome Statute, the treaty that created the ICC. The US participated in the negotiations to create the Court and contributed significantly to the provisions of the Rome Statute. At present, the US is not a party to the ICC.
Kate Orlovsky, Director of the IBA’s International Criminal Court and International Criminal Law Programme, noted: ‘This is a moment for States Parties to the Rome Statute to protect this institution and ensure it can discharge its mandate to prosecute genocide, crimes against humanity and war crimes. The long-awaited Afghanistan investigation should not be imperilled by threats and intimidation – justice should be allowed to run its course.’