Trump administration to take tough stance against International Criminal Court

[sl8]

Source: CNBC/Reuters

• The United States on Monday will adopt an aggressive posture against the International Criminal Court in The Hague, threatening sanctions against its judges if they proceed with an investigation into alleged war crimes committed by Americans in Afghanistan.

• President Donald Trump's national security adviser, John Bolton, is to make the announcement in a midday speech to the Federalist Society, a conservative group, in Washington.

• "The United States will use any means necessary to protect our citizens and those of our allies from unjust prosecution by this illegitimate court," Bolton will say, according to a draft of his speech seen by Reuters.

The United States on Monday will adopt an aggressive posture against the International Criminal Court (ICC) in The Hague, threatening sanctions against its judges if they proceed with an investigation into alleged war crimes committed by Americans in Afghanistan.

Read more: https://www.cnbc.com/2018/09/10/trump-administration-to-take-tough-stance-against-the-hagues-icc.html

[TomVilmer]

1. There is a law to "use all means necessary" to release U.S. personnel held captive by this Court

Introduced in Senate (06/14/2000)

American Servicemembers' Protection Act of 2000 - Prohibits U.S. cooperation with the International Criminal Court (including restrictions on U.S. military participation in United Nations (UN) peacekeeping operations and the transfer of U.S. classified national security information, and the provision of U.S. military assistance, to the Court and its members). Authorizes the President to use all means necessary to bring about the release of U.S. military personnel and certain other persons held captive by or on behalf of the Court.

[hlthe2b]

9. Introduced but apparently not passed? Never mind it was..

he bill was signed into law by U.S. President George W. Bush on August 2, 2002.
https://en.wikipedia.org/wiki/American_Service-Members%27_Protection_Act

[TomVilmer]

12. U.S.: 'Hague Invasion Act' Becomes Law

U.S. President George Bush signed into law the American Servicemembers Protection Act of 2002, which is intended to intimidate countries that ratify the treaty for the International Criminal Court. The law authorizes the use of military force to liberate any American or citizen of a U.S.-allied country being held by the court, which is located in The Hague. This provision, dubbed the "Hague invasion clause," has caused a strong reaction from U.S. allies around the world.
https://www.hrw.org/news/2002/08/03/us-hague-invasion-act-becomes-law

Memorandum by Barack Obama September 26, 2014:
By the authority vested in me as President consistent with section 2005 of the American Servicemembers' Protection Act of 2002 (22 U.S.C. 7424), I hereby certify that members of the U.S. Armed Forces in the Central African Republic are without risk of criminal prosecution by the International Criminal Court (ICC) because the Central African Republic has entered into an agreement preventing the ICC from proceeding against members of the Armed Forces of the United States present in that country.
http://www.presidency.ucsb.edu/ws/?pid=107689

... In its role as a permanent member on the UN Security Council, the Obama Administration supported the referral of the situation in Libya to the ICC in 2011—a subtle yet stark contract with Bush Administration’s approach. ... Under Obama, the United States has also supported the ICC indirectly by sharing intelligence on fugitives and providing other substantial in-kind support. ... The Obama Administration has also implemented its responsibilities under the ASPA less aggressively than the Bush Administration. ...
Despite Obama’s policy of positive engagement, however, the ASPA continues to limit how much the U.S. government can support the ICC in real ways. As noted before, there have been amendments to the ASPA sections limiting military aid to ICC states parties who refuse to sign BIAs, but the most restrictive sections of the ASPA are still law. For instance, the ASPA explicitly prohibits U.S. cooperation with the ICC, including appropriating any funds to assist the Court.
https://www.internationaljusticeproject.com/the-evolving-us-policy-towards-the-icc/

[hlthe2b]

13. I said that before you posted.... No correction needed, but appreciate the additional info

[sl8]

14. Wrong bill link.

The bill at your link didn't pass.

Two years later, H.R. 4775 (107th Congress), passed.

Govtrack : https://www.govtrack.us/congress/bills/107/hr4775
Congress.gov : https://www.congress.gov/bill/107th-congress/house-bill/4775/text/pl

[TomVilmer]

20. Thanks for the update!

ICC now has a stronger mandate also to judge on the crime of aggression, but this is limited to cases with countries who has them self signed. USA is not among the supporters. Neither is my own country Denmark, but bigger ones like Chile, Germany and Spain are.

[Fortinbras Armstrong]

2. In other words, "we shit on the rule of law"

Which is, after all, one of the hallmarks of the moral leper infesting the White House.

[global1]

3. I Have To Believe That This Move Is Being Done To Somehow.....

downline protect Trump from this court.

[NellieStarbuck]

15. And maybe his buddies.

And maybe his buddies like Eric Prince. Does this have anything to do with the atrocities committed by Blackwater's hired thugs?

[shanny]

4. Apparently we have been doing it for a while:

see first response.

[Achilleaze]

5. KGOP republicans fully support crime

and have also take a foursquare position in support of lies, sexual predation and porno, as well as promoting good-paying jobs as Traitors to America.

[sinkingfeeling]

6. STFU. Just announce that we rule the world and all will submit to us.

Isn't that the point of spending a trillion dollars a year on a military?

[ProudMNDemocrat]

7. The ICC is the reason why Bush and Cheney do not travel to Europe.....

For their support of Torture. They step foot in Europe, they are arrested.

Americans who commit war crimes against others are subjected to arrest and trial.

[hack89]

11. That is a myth

Read the ICC charter. There are no outstanding warrants for either.

[randr]

8. He must have been warned that something he is planning will get him in trouble with the court

[Bernardo de La Paz]

10. tRump all-fronts war: trade, defense allies, international cooperation, etc. Leave opening for China

... and a free hand for his pal Putin.

All part of the Art of the Illegal Deal that won him the election. "Help me or I get my oligarchs to freeze you out and call your debts."

[Maxheader]

16. Doubtful

the international court will pay any attention to a "leader"
with so many court actions against it...

[malthaussen]

17. We were for it before we were agin' it...

... as long as it did our will, it was fine.

As an aside, I wish they would find a better word than "tough" for the headline. "Tough" borders on complimentary. "Bullying" or "hypocritical" would work better.

-- Mal

[hack89]

18. We have never ratified the Rome Statute so we were never really "for it".

The United States signed the Rome Statute in December 2000 (under President Bill Clinton), but Clinton decided not to submit the treaty to the United States Senate for ratification, stating: "I will not, and do not recommend that my successor [George W. Bush] submit the treaty to the Senate for advice and consent until our fundamental concerns are satisfied.

[dajoki]

19. "illegitimate court," just like they want scotus n/t

[muriel_volestrangler]

21. ICC will continue 'undeterred' after US threats

The international criminal court (ICC) will continue to investigate war crimes “undeterred” by the Trump administration’s threat of sanctions against its judges, the Hague-based organisation has declared.
...
In a short statement, the ICC said: “The court was established and constituted under the Rome statute, the court’s founding treaty – to which 123 countries from all regions of the world are party and have pledged their support through ratification – as an instrument to ensure accountability for crimes that shock the conscience of humanity. The court is an independent and impartial judicial institution.

“The court’s jurisdiction is subject to the primary jurisdiction of states themselves to investigate and prosecute allegations of those crimes and bring justice to the affected communities. It is only when the states concerned fail to do so at all or genuinely that the ICC will exercise jurisdiction.

“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.”

https://www.theguardian.com/law/2018/sep/11/icc-will-continue-undeterred-after-us-threats-john-bolton

Good - it's important the world stands up against those who want to cover up criminality, such as Bolton. It's shameful that a United States official can threaten people seeking justice and not draw more condemnation from the people.