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US revokes visa of international criminal court's top prosecutor US revokes visa of ICC prosecutor over Afghanistan inquiry
(about 1 hour later)
The US has revoked the visa of the international criminal court’s chief prosecutor, her office has said, over a possible investigation into American soldiers’ actions in Afghanistan. The US has revoked the visa of the international criminal court’s chief prosecutor in response to her intention to investigate potential war crimes by US soldiers in Afghanistan.
A statement said Fatou Bensouda, a Gambian national, would continue to pursue her duties for the court in The Hague “without fear or favour” despite the ban. A statement from the office of Fatou Bensouda, a Gambian national, said she would continue to pursue her duties for the court, in The Hague, “without fear or favour”.
Last month, the US secretary of state, Mike Pompeo, announced restrictions on any ICC staff who investigated US or allied personnel. Last month, the US secretary of state, Mike Pompeo, announced restrictions on any ICC staff who investigated US or allied personnel in a hardening of America’s policy of non-cooperation with the ICC.
Bensouda’s office said that under the Rome statute governing the ICC, which Washington has declined to join since it was set up in 2002, she had an “independent and impartial mandate”. ICC will continue 'undeterred' after US threats
Her office added that the US decision was not expected to affect Bensouda’s travel to the UN in New York, where she gives regular briefings to the security council. The US has refused to recognise the ICC since its inception in 2002, weakening its authority and providing an excuse for other countries, most notably in Africa, to also pull their support. In 2017, Burundi became the first nation to leave the ICC.
There was no immediate comment from Washington. Pompeo’s move came as he delivered another snub to multilateralism by refusing to attend a meeting of G7 foreign ministers in France on Friday.
In November 2017, Bensouda asked ICC judges for authorisation to open an investigation into alleged war crimes in Afghanistan by the Taliban, Afghan government forces and international forces including US troops. Bensouda’s office said she had an “independent and impartial mandate” under the Rome statute governing the ICC . “The prosecutor and her office will continue to undertake that statutory duty with utmost commitment and professionalism, without fear or favour,” it added.
The court has not yet decided whether to launch a full investigation. However, the US responded preemptively, with Pompeo warning on 15 March that the ICC was “attacking America’s rule of law”. He said he was “announcing a policy of US visa restrictions on those individuals directly responsible for any ICC investigation of US personnel”. The ICC said the US decision was not expected to affect Bensouda’s trips to the UN in New York, where she gives regular briefings to the security council. The UN office is seen as covered by a form of diplomatic immunity.
“If you’re responsible for the proposed ICC investigation of US personnel in connection with the situation in Afghanistan, you should not assume that you still have, or will get, a visa or that you will permitted to enter the United States,” Pompeo said. Bensouda asked ICC judges in November 2017 for authorisation to open an investigation into alleged war crimes in Afghanistan by the Taliban, Afghan government forces and international forces, including US troops.
The investigation is also expected to examine CIA activity in detention centres in Afghanistan. The court has not yet decided whether to launch a full-blown probe that would cover events after 2002.
Pompeo said on 15 March that the ICC was “attacking America’s rule of law”, as he announced a policy of imposing visa restrictions on “individuals directly responsible for any ICC investigation of US personnel”.
“If you’re responsible for the proposed ICC investigation of US personnel in connection with the situation in Afghanistan you should not assume that you still have, or will get, a visa or that you will permitted to enter the United States,” Pompeo said.
International criminal courtInternational criminal court
Fatou BensoudaFatou Bensouda
International criminal justiceInternational criminal justice
Afghanistan
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