https://www.nysun.com/foreign/showdown-building-as-un-court-targets-us-gis/91042/
An international prosecutor, Fatou Bensuda, was advised Thursday by a panel at Hague that she should go ahead and investigate alleged war crimes committed by Americans in Afghanistan. It’s a shocking development.
Secretary of State Mike Pompeo called the International Criminal Court panel’s ruling “a truly breathtaking action by an unaccountable political institution masquerading as a legal body.” It is, but what to do?
In a little noticed address to the American Israel Public Affairs Committee last week, Senator Ted Cruz urged an American push at the United Nations Security Council to ban ICC investigations against Israelis, Americans, or citizens of any other non-member of the Hague-based court.
According to the Rome Statute, which governs the ICC — a global trial venue for war crimes and crimes against humanity — it has no jurisdiction over countries that have not joined its 123 member states. So non-members like America, Israel, China, Russia, and India are off limit. Or are they?
When the court started functioning in 2002, I made a bet with a friend, an avid universal jurisdiction supporter, that despite non-membership, Americans and Israelis would early on end up in the dock. I lost that bet, but only because I thought such ICC prosecutions would be launched right off the bat.
In the early days, the court went after alleged war criminals in places like Darfur, Congo, Burundi, and the Central African Republic. A few years ago, however, several African countries contended there’s a racist pattern against their continent and threatened to renounce their ICC membership. Political pressures grew on Ms. Bensouda, the Gambian-born ICC prosecutor, to land more visible non-African fish.