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| US revokes ICC prosecutor's visa over Afghanistan inquiry | US revokes ICC prosecutor's visa over Afghanistan inquiry |
| (about 3 hours later) | |
| 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. | 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 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” and said that she would continue to travel to the US. | |
| 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. | 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. |
| ICC will continue 'undeterred' after US threats | ICC will continue 'undeterred' after US threats |
| The US has refused to recognise the ICC since its inception in 2002, weakening the court’s 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. | The US has refused to recognise the ICC since its inception in 2002, weakening the court’s 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. |
| 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. | 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. |
| 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. | 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 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. | 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. |
| “It is our understanding that [the visa withdrawal] should not have an impact on the Prosecutor’s travel to the US to meet her obligations to the UN, including regular briefings before the UN Security Council,” a spokesperson for her office 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. | 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 investigation that would cover events after 2002. | 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 investigation 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”. | 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. | “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. |
| Last September, the ICC pledged to continue to investigate war crimes “undeterred” by the Trump administration’s earlier threat of sanctions against its judges. | Last September, the ICC pledged to continue to investigate war crimes “undeterred” by the Trump administration’s earlier threat of sanctions against its judges. |
| Responding to a firebrand speech by the US national security adviser, John Bolton, that month, the UN-backed court said it would not be intimidated or dissuaded from its global mission. | Responding to a firebrand speech by the US national security adviser, John Bolton, that month, the UN-backed court said it would not be intimidated or dissuaded from its global mission. |
| Bolton’s attack, delivered in Washington, had stressed the doctrine of American exceptionalism in contrast to the UN-supported, international legal order. | Bolton’s attack, delivered in Washington, had stressed the doctrine of American exceptionalism in contrast to the UN-supported, international legal order. |
| If the ICC proceeds with launching an investigation into alleged war crimes committed by US military and intelligence staff during the war in Afghanistan or pursues any investigation into Israel or other US allies, Bolton warned, the US would impose sanctions against the court and, where possible, prosecute its officials. | If the ICC proceeds with launching an investigation into alleged war crimes committed by US military and intelligence staff during the war in Afghanistan or pursues any investigation into Israel or other US allies, Bolton warned, the US would impose sanctions against the court and, where possible, prosecute its officials. |
| The court said then: “The ICC, as a court of law, will continue to do its work undeterred, in accordance with those principles and the overarching idea of the rule of law.” | The court said then: “The ICC, as a court of law, will continue to do its work undeterred, in accordance with those principles and the overarching idea of the rule of law.” |
| International criminal court | International criminal court |
| Fatou Bensouda | Fatou Bensouda |
| International criminal justice | International criminal justice |
| Afghanistan | Afghanistan |
| US foreign policy | US foreign policy |
| news | news |
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