Editing International Criminal Court (section)

=== United States ===
{{See also|United States and the International Criminal Court}}
United States President [[George W. Bush]] signed the [[American Service-Members' Protection Act]] (informally referred to as ''The Hague Invasion Act'') to signify the United States' opposition to any possible future jurisdiction of the court or its tribunals. The act gives the President the power to use "all means necessary and appropriate to bring about the release of any U.S. or allied personnel being detained or imprisoned by, on behalf of, or at the request of the International Criminal Court".<ref>{{cite web |title=American Service-Members' Protection Act |url=https://2001-2009.state.gov/t/pm/rls/othr/misc/23425.htm |website=US Department of State Archive|date=30 July 2003 }}</ref><ref>{{cite news |date=6 August 2002 |title="Hague Invasion Act": Bush Signs a New Law Designed to Intimidate Countries That Ratify the Treaty for the International Criminal Court |url=https://www.democracynow.org/2002/8/6/hague_invasion_act_bush_signs_a |editor1-last=Roth |editor1-first=Ken |publisher=[[Democracy Now!]] |publication-date=6 August 2002 |access-date=14 April 2022 |url-access= |quote=On Friday President George Bush signed into law the American Servicemembers Protection Act of 2002, which will supposedly protect U.S. servicemembers from the International Criminal Court.}}</ref><ref>{{cite news |last1=Marquand |first1=Robert |date=13 February 2009 |title=Dutch still wincing at Bush-era 'Invasion of The Hague Act' |url=https://www.csmonitor.com/World/Europe/2009/0213/p05s01-woeu.html |department=World |work=The Christian Science Monitor |publication-date=13 February 2009 |access-date=14 April 2022 |url-access= }}</ref> During the administration of [[Barack Obama]], U.S. opposition to the ICC evolved to "positive engagement", but no effort was made to ratify the Rome Statute.<ref>{{cite news |first=Mark |last=Landler |date=10 September 2018 |url=https://www.nytimes.com/2018/09/10/us/politics/trump-plo-bolton-international-criminal-court.html?action=click&module=Top%20Stories&pgtype=Homepage |title=Bolton Expands on His Boss's Views, Except on North Korea |archiveurl=https://web.archive.org/web/20180911114612/https://www.nytimes.com/2018/09/10/us/politics/trump-plo-bolton-international-criminal-court.html?action=click&module=Top%20Stories&pgtype=Homepage |archive-date=11 September 2018 |work=[[The New York Times]]}}</ref><ref>{{Cite news |last=Luban |first=David |title=America the Unaccountable |url=https://www.nybooks.com/articles/2020/08/20/icc-justice-america-unaccountable/ |access-date=2023-12-02 |issn=0028-7504}}</ref>

The subsequent [[First presidency of Donald Trump|Donald Trump administration]] was considerably more hostile to the Court, similar to the Bush administration, threatening prosecution and financial sanctions on ICC judges and staff in U.S. courts as well as imposing visa bans in response to any investigation against American nationals in connection to alleged crimes and atrocities perpetrated by the U.S. in Afghanistan. The threat included sanctions against any of over 120 countries that have ratified the Court for cooperating in the process.<ref>{{Cite web|url=https://www.hrw.org/news/2019/03/15/us-threatens-international-criminal-court|title=US Threatens International Criminal Court|date=15 March 2019|publisher=Human Rights Watch|access-date=7 May 2019}}</ref> In November 2017, [[Fatou Bensouda]] advised the court to consider seeking charges for human rights abuses committed during the [[War in Afghanistan (2001–2021)|War in Afghanistan]] such as alleged rapes and tortures by the [[U.S. Armed Forces]] and the [[Central Intelligence Agency]], crime against humanity committed by the [[Taliban]], and war crimes committed by the [[Afghan National Security Forces]].<ref>{{Cite news|url=https://www.thestar.com/news/world/2017/11/20/icc-prosecutor-requests-investigation-into-us-military-cia-for-alleged-war-crimes-in-afghanistan.html|title=ICC prosecutor requests investigation into U.S. military, CIA for alleged war crimes in Afghanistan |last=Corder|first=Mike|date=20 November 2017|work=[[Toronto Star]] |access-date=26 April 2018|agency=[[Associated Press]]|issn=0319-0781}}</ref> [[John R. Bolton|John Bolton]], [[National Security Advisor of the United States]], stated that ICC Court had no jurisdiction over the U.S., which had not ratified the Rome Statute.<ref>{{Cite web |title=Law and Contemporary Problems: Vol 64, No. 1 |url=https://scholarship.law.duke.edu/lcp/vol64/iss1/ |access-date=2023-12-02 |website=scholarship.law.duke.edu}}</ref> In 2020, overturning the previous decision not to proceed, senior judges at the ICC authorized an investigation into the alleged war crimes in Afghanistan.<ref>{{cite news|url=https://www.theguardian.com/law/2020/mar/05/senior-icc-judges-authorise-afghanistan-war-crimes-inquiry |title=Senior ICC judges authorise Afghanistan war crimes inquiry |first=Owen |last=Bowcott |newspaper=[[The Guardian]] |date=5 March 2020 |access-date=5 March 2020}}</ref>

On 11 June 2020, the United States announced sanctions on officials and employees, as well as their families, involved in investigating alleged crimes against humanity committed by U.S. armed forces in Afghanistan.<ref>{{Cite web|first=Jennifer |last=Hansler|date=11 June 2020|title=Trump authorizes sanctions against International Criminal Court officials|publisher=CNN |url=https://www.cnn.com/2020/06/11/politics/icc-executive-order/index.html |access-date=21 June 2020}}</ref> This move was widely criticized by human rights groups.<ref>{{Cite web|date=11 June 2020 |title=US Sets Sanctions Against International Criminal Court |url=https://www.hrw.org/news/2020/06/11/us-sets-sanctions-against-international-criminal-court|access-date=21 June 2020 |publisher=Human Rights Watch}}</ref> The U.S. ordered sanctions against the ICC prosecutor Fatou Bensouda, and the ICC's head of Jurisdiction, Complementary, and Cooperation Division, Phakiso Mochochok, for an investigation into alleged war crimes by U.S. forces and the Central Intelligence Agency (CIA) in Afghanistan since 2003.<ref>{{Cite news|date=2020-09-05 |last=Haidar|first=Suhasini |title=International Criminal Court: The transnational arm of law|language=en-IN|work=The Hindu |url=https://www.thehindu.com/news/international/international-criminal-court-the-transnational-arm-of-law/article32532312.ece |access-date=2020-09-07|issn=0971-751X}}</ref> Attorney General [[William Barr]] said, "The US government has reason to doubt the honesty of the ICC. The Department of Justice has received substantial credible information that raises serious concerns about a long history of financial corruption and malfeasance at the highest levels of the office of the prosecutor". The ICC responded with a statement expressing "profound regret at the announcement of further threats and coercive actions." "These attacks constitute an escalation and an unacceptable attempt to interfere with the rule of law and the Court's judicial proceedings", the statement said. "They are announced with the declared aim of influencing the actions of ICC officials in the context of the court's independent and objective investigations and impartial judicial proceedings."<ref>{{cite news|url=https://www.theguardian.com/us-news/2020/jun/11/trump-icc-us-war-crimes-investigation-sanctions|title=Trump targets ICC with sanctions after court opens war crimes investigation |access-date=11 June 2020|newspaper=[[The Guardian]]|date=11 June 2020 }}</ref>

On 30 September 2020, prominent United States human rights lawyers announced that they would sue Trump and his Administration—including Barr, [[United States Secretary of State|Secretary of State]] [[Mike Pompeo]], Treasury secretary [[Steven Mnuchin]], and [[Office of Foreign Assets Control|OFAC]] director [[Andrea Gacki]], and the departments they head—on the grounds that Trump's [[s:Executive Order 13928|Executive Order 13928]] order had [[Gag order|gagged them]], violating their right to free speech and impeding their work in trying to obtain justice on behalf of victims of war crimes. One of the plaintiffs, [[Diane Marie Amann]], stated that, as a result of sanctions against the chief prosecutor at the ICC, she herself risked having her family assets seized if she continued to work for children who are bought and sold by traffickers, killed, tortured, sexually abused and forced to become child soldiers.<ref>{{cite news |first=Julian |last=Borger |url=https://www.theguardian.com/us-news/2020/oct/01/human-rights-lawyers-sue-trump-administration-for-silencing-them |title=Human rights lawyers sue Trump administration for 'silencing' them |work=[[The Guardian]] |date=1 October 2020}}</ref>

On 4 January 2021, U.S. District Judge [[Katherine Polk Failla]] in New York City issued a preliminary injunction against the Trump administration from imposing criminal or civil penalties against ICC personnel and those who support the court's work, including the plaintiffs.<ref>{{Cite web|title=US Judge Blocks Trump Sanctions Targeting Human Rights Lawyers, War Crimes Tribunal|url=https://www.voanews.com/a/usa_us-judge-blocks-trump-sanctions-targeting-human-rights-lawyers-war-crimes-tribunal/6200322.html|access-date=2021-01-06|publisher=Voice of America|date=4 January 2021 }}</ref> The sanctions were subsequently lifted by the Biden administration Secretary of State [[Antony Blinken]] in April 2021.<ref>{{Cite news |date=2021-04-02 |title=US lifts Trump-era sanctions against ICC prosecutor |work=BBC News |url=https://www.bbc.com/news/world-us-canada-56620915}}</ref>

In 2023, the Biden administration welcomed the issuing of an ICC arrest warrant for Russian President Vladimir Putin. President [[Joe Biden]] said that the issuing of the warrant "makes a very strong point".<ref name="putin_warrant_2023_03_18_bbc"/>
In 2024, the Biden administration opposed an [[International Criminal Court investigation in Palestine|arrest warrant]] for Israeli Prime Minister [[Benjamin Netanyahu]] over alleged [[Israeli war crimes]] committed during the [[Gaza war]] in the [[Gaza Strip]].<ref>{{cite news |title=Israel, U.S. seek to prevent ICC arrest warrant against Netanyahu – report |url=https://www.i24news.tv/en/news/israel/diplomacy/artc-israel-u-s-seek-to-prevent-icc-arrest-warrant-against-netanyahu-report-2 |work=[[i24NEWS (Israeli TV channel)|i24NEWS]] |date=28 April 2024}}</ref><ref>{{cite news |title=US and Israel criticised for threatening International Criminal Court |url=https://www.scottishlegal.com/articles/us-and-israel-criticised-for-threatening-international-criminal-court |work=[[Scottish Legal News]] |date=14 May 2024}}</ref> Biden denounced Netanyahu's arrest warrant as "outrageous."<ref>{{cite news |title=Biden at odds with allies as U.S. and Israel attack ICC over arrest warrants |url=https://www.nbcnews.com/news/world/biden-us-israel-attack-icc-arrest-warrants-netanyahu-hamas-rcna153211 |work=NBC News |date=21 May 2024}}</ref> Secretary of State [[Antony Blinken]] said the Biden administration would work with the US Congress on potential [[United States sanctions|sanctions]] against the ICC.<ref>{{cite news |title=Blinken says he'll work with US Congress on potential ICC sanctions |url=https://www.reuters.com/world/us/blinken-says-hell-work-with-us-congress-respond-icc-move-gaza-2024-05-21/ |work=Reuters |date=22 May 2024}}</ref> Prior to the issuing of the ICC's arrest warrant for Netanyahu, a group of US Republican senators sent a letter to ICC prosecutor [[Karim Ahmad Khan]] that contained the warning "Target Israel and we will target you. If you move forward ... we will move to end all American support for the ICC, sanction your employees and associates, and bar you and your families from the United States. You have been warned."<ref>{{Cite web |last=Whitson |first=Sarah Leah |author-link=Sarah Leah Whitson |date=2024-09-24 |title=The White House's Defense of Israel Is Undermining International Law |url=https://foreignpolicy.com/2024/09/18/biden-israel-icc-icj-gaza-netanyahu-international-law/ |access-date=2024-09-21 |website=Foreign Policy}}</ref> [[United States House of Representatives|The U.S. House of Representatives]] passed a bill to sanction ICC officials on 4 June 2024.<ref>{{cite news |author1=Clare Foran |author2=Haley Talbot |title=House passes International Criminal Court sanctions bill after prosecutor seeks Netanyahu warrant |url=https://edition.cnn.com/2024/06/04/politics/house-vote-icc-sanctions/index.html |work=CNN |date=June 4, 2024}}</ref>

[[File:Donald Trump and Benjamin Netanyahu at White House 2025 (4).jpg|thumb|US President [[Donald Trump]] and Israeli Prime Minister Netanyahu at the [[White House]], 4 February 2025]]

On 9 January 2025, the U.S. House of Representatives passed the ''Illegitimate Court Counteraction Act'' by 243–140 to sanction the ICC in protest at its arrest warrants for Netanyahu and Gallant issued in November 2024.<ref>{{Cite news |last=Zengerle |first=Patricia |date=January 10, 2025 |title=US House votes to sanction International Criminal Court over Israel |url=https://www.reuters.com/world/us-house-votes-sanction-international-criminal-court-over-israel-2025-01-09/ |access-date=January 10, 2025 |work=[[Reuters]]}}</ref><ref>{{Cite web |title=House Passes Chairman Mast’s Bill to Sanction International Criminal Court for Targeting Israel |url=https://foreignaffairs.house.gov/press-release/house-passes-chairman-masts-bill-to-sanction-international-criminal-court-for-targeting-israel/ |access-date=2025-01-10 |website=Committee on Foreign Affairs |language=en}}</ref> On 6 February 2025, U.S. President Donald Trump signed an executive order imposing economic and travel sanctions on individuals involved in ICC investigations targeting U.S. citizens and allies, notably Israel.<ref>{{Cite news |last=Davies |first=Harry |last2=Dunbar |first2=Marina |date=2025-02-07 |title=Trump imposes sanctions on ICC, accusing it of targeting US and Israel |url=https://www.theguardian.com/us-news/2025/feb/06/trump-sanction-icc |access-date=2025-02-07 |work=The Guardian |language=en-GB |issn=0261-3077}}</ref><ref>{{Cite news |last=Green |first=Erica L. |date=2025-02-07 |title=Trump Imposes Sanctions on the ICC, Accusing It of Targeting the U.S. and Israel |url=https://www.nytimes.com/2025/02/06/us/politics/trump-icc-sanctions.html |access-date=2025-02-07 |work=The New York Times |language=en-US |issn=0362-4331}}</ref> This action coincided with Netanyahu visiting Washington. The sanctions entail freezing U.S. assets of designated individuals and prohibiting their entry into the United States. This move mirrors a similar stance taken during Trump's first term, when sanctions were applied to ICC officials over investigations into alleged war crimes by U.S. forces in Afghanistan.<ref>{{Cite web |title=Trump imposes sanctions on International Criminal Court |url=https://www.lbcgroup.tv/news/world-news/836216/trump-imposes-sanctions-on-international-criminal-court/en |date=7 February 2025 |access-date=2025-02-07 |website=LBCIV7 |publisher=[[Lebanese Broadcasting Corporation International]] |language=en}}</ref>

==== U.S. criticisms ====
The [[United States Department of State]] argues that there are "insufficient checks and balances on the authority of the ICC prosecutor and judges" and "insufficient protection against politicized prosecutions or other abuses".<ref name="US DoS faq"/> The current law in the United States on the ICC is the ''[[American Service-Members' Protection Act]]'' (ASPA), 116 Stat. 820. The ASPA authorizes the President of the United States to use "all means necessary and appropriate to bring about the release of any U.S. or allied personnel being detained or imprisoned by, on behalf of, or at the request of the International Criminal Court". This authorization has led the act to be nicknamed the "Hague Invasion Act",<ref>{{cite web |author=Human Rights Watch |url=https://www.hrw.org/en/news/2002/08/03/us-hague-invasion-act-becomes-law |title=U.S.: 'Hague Invasion Act' Becomes Law |archive-url=https://web.archive.org/web/20150118203654/http://www.hrw.org/en/news/2002/08/03/us-hague-invasion-act-becomes-law |archive-date=18 January 2015 |date=3 August 2002}}</ref><ref>{{cite news |url=https://www.theguardian.com/Archive/Article/0,4273,4456801,00.html |title=Who are America's real enemies? |newspaper=[[The Guardian]] |author=John Sutherland |date=8 July 2002 |access-date=8 January 2007}}</ref> because the freeing of U.S. citizens by force might be possible only through military action.

On 10 September 2018, [[John R. Bolton]], in his first major address as U.S. [[National Security Advisor (United States)|National Security Advisor]], reiterated that the ICC lacks checks and balances, exercises "jurisdiction over crimes that have disputed and ambiguous definitions", and has failed to "deter and punish atrocity crimes". The ICC, Bolton said, was "superfluous", given that "domestic judicial systems already hold American citizens to the highest legal and ethical standards". He added that the U.S. would do everything "to protect our citizens" should the ICC attempt to prosecute U.S. servicemen over alleged [[Bagram torture and prisoner abuse|detainee abuse in Afghanistan]]. In that event, ICC judges and prosecutors would be barred from entering the U.S., their funds in the U.S. would be sanctioned and the U.S. "will prosecute them in the U.S. criminal system. We will do the same for any company or state that assists an ICC investigation of Americans", Bolton said. He also criticized [[Palestinian government|Palestinian]] efforts to bring Israel before the ICC over allegations of human rights abuses in the [[West Bank]] and Gaza.<ref>{{cite web |url=https://www.bbc.co.uk/news/world-us-canada-45474864 |title=International Criminal Court: US threatens sanctions |last=McKelvey |first=Tara |date=10 September 2018|publisher=[[BBC]] |access-date=10 September 2018 |archive-url= https://web.archive.org/web/20180910212031/https://www.bbc.co.uk/news/world-us-canada-45474864 |archive-date=10 September 2018|url-status=live}}</ref>