Trump Administration's Attack on International Justice

Strategic Insights -

The Trump administration has issued an executive order that targets the work of the International Criminal Court (I.C.C.), threatening the efforts of human rights defenders to pursue international justice for the world's worst crimes. The order, issued on February 6, aims to punish individuals and organizations for cooperating with the I.C.C. and puts a chill on the work of human rights organizations like Fortify Rights, which has been investigating atrocities in Myanmar and sharing evidence with the I.C.C. This move is a step back for human rights and undermines the ability of Americans to speak out against war crimes and crimes against humanity.

Key Takeaways:

  • The Trump administration's executive order targets the International Criminal Court (I.C.C.) and its chief prosecutor, imposing sanctions for sharing evidence, coordinating witness testimony, or other actions involving the court.
  • The order has sent a chill through the human rights field, with many organizations and individuals now hesitant to cooperate with the I.C.C. due to the risk of punishment.
  • Human rights organizations like Fortify Rights, which has been documenting atrocities in Myanmar and sharing evidence with the I.C.C., are now affected by the sanctions.
  • The order specifically accuses the I.C.C. of "illegitimate and baseless actions" and cites the court's issuance of arrest warrants in November for Prime Minister Benjamin Netanyahu and former minister of defense Yoav Gallant for suspected war crimes and crimes against humanity in Gaza.
  • The International Criminal Court poses no threat to the United States, as it is a court of last resort that steps in only when national courts are unable or unwilling to prosecute the world's gravest crimes.
  • Despite the lack of U.S. ratification of the treaty establishing the I.C.C., the United States has provided support to the court on multiple occasions, including investigations into crimes committed in places such as Darfur, Libya, and the Democratic Republic of Congo.
  • A bipartisan congressional majority authorized expanded cooperation with the international court in 2022 to hold Russian officials accountable for war crimes in Ukraine.

Statistics:

  • The Trump administration's executive order has already resulted in:

+ Some court officials resigning

+ The chief prosecutor's bank accounts being frozen

+ Microsoft canceling the chief prosecutor's email account

  • According to a report by The Associated Press, nongovernmental organizations are pulling back on working with the international court, fearing U.S. repercussions.
  • Fortify Rights and its partners have been affected by the sanctions, preventing them from sharing new evidence of deadly airstrikes carried out by Myanmar's military junta against civilians.
  • The International Criminal Court has a dozen investigations ongoing in Ukraine, Palestine, Venezuela, Libya, Congo, Afghanistan, and elsewhere.

Sources:

  • "Trump Orders Sanctions on International Criminal Court", The New York Times, February 6, 2023
  • "The Associated Press: US Sanctions Target International Criminal Court", The Associated Press, February 10, 2023
  • "Congress authorizes expanded cooperation with International Criminal Court", The Hill, March 1, 2022