MONITORING (SW) \u2013 The Human Rights Watch has said the US President Joe Biden\u2019s cancellation of punitive sanctions targeting the International Criminal Court removes a serious obstacle to the court\u2019s providing justice to the victims of the world\u2019s worst crimes.<\/p>\n
On April 2, 2021, Biden revoked a\u00a0June 2020 order\u00a0by then-President Donald Trump authorizing asset freezes and entry bans to thwart the ICC\u2019s work.<\/p>\n
In\u00a0announcing\u00a0the repeal of the executive order, Secretary of State Antony Blinken said that \u201c[t]hese decisions reflect our assessment that the measures adopted were inappropriate and ineffective.\u201d The State Department also lifted existing visa restrictions.<\/p>\n
\u201cThe Trump administration\u2019s\u00a0perversely punitive\u00a0sanctions against the ICC showed stark contempt for the victims of grave international crimes and the prosecutors who seek to hold those responsible to account,\u201d said\u00a0Richard Dicker, international justice director at Human Rights Watch. \u201cIn removing this unprecedented threat to the global rule of law, President Biden has begun the long process of restoring US credibility on international justice through the ICC.\u201d<\/p>\n
The Trump administration put the sweeping executive order into effect in September, when it\u00a0imposed sanctions\u00a0on the court\u2019s prosecutor, Fatou Bensouda, and another senior official, Phakiso Mochochoko. It had\u00a0repeatedly threatened action\u00a0to thwart ICC investigations in\u00a0Afghanistan\u00a0and\u00a0Palestine. In 2019, the Trump administration had\u00a0revoked the prosecutor\u2019s US visa.<\/p>\n
Human Rights Watch had\u00a0urged the Biden administration\u00a0to rescind Trump\u2019s executive order as a matter of priority. The Trump administration\u2019s order was a threat to the global rule of law and the court\u2019s work in bringing justice to victims.<\/p>\n
It also\u00a0created apprehension and uncertainty\u00a0for nongovernmental organizations, consultants, and lawyers who work with the ICC in investigative and adjudicative capacities. Several academics and practitioners who provided expertise to the Office of the Prosecutor or represented victims before the court challenged the constitutionality of the executive order in\u00a0two\u00a0lawsuits\u00a0in US federal court.<\/p>\n
Several US lawmakers\u00a0spoke out\u00a0after the order was used to sanction the two ICC officials, as did\u00a0ICC member countries, the\u00a0European Union, and nongovernmental organizations\u00a0in the US\u00a0and globally. Significantly, ICC member countries repeatedly\u00a0affirmed\u00a0their collective support for the court, including\u00a0during their most recent annual meeting, in December.<\/p>\n
Even while repealing the order, though, the Biden administration\u00a0made clear\u00a0it continues to oppose the \u201cICC\u2019s actions\u201d in the Afghanistan and Palestine situations. In response to the ICC prosecutor\u2019s March\u00a0decision\u00a0to open a Palestine investigation, Secretary of State Antony Blinken\u00a0reiterated\u00a0US opposition to such an inquiry, contesting the court\u2019s jurisdiction over the situation.\u00a0The prosecutor\u2019s investigation\u00a0provides a long-awaited path to justice for both Palestinian and Israeli victims of serious international crimes, Human Rights Watch said.<\/p>\n
ICC member countries should act on the lessons of the executive order\u2019s repeal and voice their support for the court. The countries that created the ICC should stand ready to protect its crucial role against any action aimed at undermining its independence as a court, Human Rights Watch said.<\/p>\n
With the punitive sanctions no longer in place, the US government should review its future engagement with the ICC. A US State Department spokesperson had previously\u00a0indicated\u00a0that the administration might consider resuming cooperation with the court in \u201cexceptional cases.\u201d While differences will remain between Washington and the court, the Biden administration should seek regularized cooperation with the ICC. Justice through the ICC can advance important US policy interests, as the February 4 conviction of Dominic Ongwen, a\u00a0former leader of the brutal Lord\u2019s Resistance Army, demonstrated. The Ongwen case highlighted the very constructive role that can be played by the US, which provided essential support for his surrender to the court in 2015.<\/p>\n
While the US should work toward joining the court\u2019s founding treaty, the Rome Statute, even as a non-member it can advance ICC cases by providing evidence, cooperating in the arrest of fugitives, calling for and endorsing UN Security Council actions to support the court, and engaging in discussions at the Assembly of States Parties that consists of the ICC\u2019s 123 member countries.<\/p>\n
\u201cThe ICC has its limitations, but its role as a court of last resort for the worst crimes is needed now more than ever,\u201d Dicker said. \u201cThe Biden administration should back the ICC to ensure that victims get a chance for justice and that cooperation should be the rule, not the exception.\u201d<\/p>\n
<\/p>\n
ENDS<\/p>\n","protected":false},"excerpt":{"rendered":"
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