June 15, 2020

Andrew Campbell 

Earlier on March 6, prosecutors of the International Criminal Court (ICC) have reached unanimously on appeal to investigate alleged war crimes and crimes against humanity in Afghanistan and beyond its borders linked to Afghan, Taliban and US troops. The ICC commonly operates under a system called the Rome Statute which recognizes that States have primary jurisdiction. However, when it comes to the investigation and prosecution of atrocity crimes, ICC serves as the last resort and complementary to national jurisdictions.

To retaliate against ICC’s decision, US President Donald Trump signed an executive order on June 11announcing sanctions on individuals from ICC who investigate, arrest, detain, or prosecute any US personnel without the consent of the US government.

The sanctions continued the Trump administration’s strong rejection of ICC jurisdiction since the ICC’s prosecutor announced a formal investigation into alleged war crimes in Afghanistan that could lead to charges against U.S. elected officials, military personnel, and other government employees.

Responding to the announcement by President Trump, ICC oversight chief, O-GonKwon, Korean judge, stated deep regrets in US decision to sanction against officials investigating Afghanistan war crimes. The Office of the High Commissioner for Human Rights (OHCHR) also expressed regret at the US decision on June 11.