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Demands Independent U.N. Investigation
June 6, 2019, New York –Yesterday, the Center for Constitutional Rights filed a complaint with
the United Nations Special Rapporteur on the Independence of Judges and
Lawyers alleging ongoing interference by the United States into the
operations of the International Criminal Court (ICC) and requesting a
formal comprehensive independent investigation. The complaint cites the
steady stream of threats made by Donald Trump and other senior officials
against the court if it proceeded to open an investigation into war
crimes committed by U.S. military and C.I.A. officials in Afghanistan
and other countries. In the face of these threats, the Pre-Trial Chamber
refused to authorize the investigation of any crimes in Afghanistan or
involving U.S. citizens, citing “changes in the relevant political
landscape” as a basis for concluding that an investigation would be
unsuccessful.
“The ICC decision not to open an
investigation into crimes in Afghanistan and those involving U.S.
citizens in the face of U.S. bullying sent the dangerous message that
politics trumps justice,” said Center for Constitutional Rights Senior
Staff Attorney Katherine Gallagher.
“The ICC is a court of law resort. If it cannot – or will not – hold
the powerful accountable for the most serious crimes, it fails to meet
its core purpose of ending impunity and showing no one is above the
law.”
In October 2017, ICC Prosecutor Fatou Bensouda
requested authorization to open an investigation into war crimes
committed by U.S. military and C.I.A. personnel in Afghanistan and in
secret detention facilities, along with crimes against humanity by the
Taliban and war crimes by Afghan forces. In support of the prosecutor’s
request, the Center for Constitutional Rights submitted “victims’ representations”
on behalf of two men indefinitely detained at Guantánamo, detailing the
torture they endured in CIA black sites, Department of Defense
facilities, and proxy detention, that is, detention by third countries
at the behest of the United States. Tens of thousands of additional
victims in Afghanistan, most of whom are living with the effects of
these crimes on a daily basis, similarly urged the court to open an
investigation.
On April 12, 2019, in a decision that was widely criticized
by human rights groups, the ICC declined the request to open an
investigation. Despite finding that requirements were met regarding both
jurisdiction and admissibility, the pre-trial judges cited “the
complexity and volatility of the political climate…mak[ing] it extremely
difficult to gauge the prospects of securing meaningful cooperation
from relevant authorities.” A long-awaited concurring opinion by the
presiding judge was issued on May 31, 2019, triggering a deadline of
next week for any appeals.
Prior to the court’s
decision, Donald Trump and other high-ranking U.S. officials, including
National Security Advisor John Bolton and Secretary of State Mike
Pompeo, made numerous threatening statements, including that ICC
officials would be criminally prosecuted if the investigation proceeded,
and warned of taking a host of retaliatory actions against court
officials and cooperating parties. Most dramatically, the week before
the decision, U.S. Secretary of State Mike Pompeo revoked the ICC
Prosecutor’s visa after announcing that the U.S. was prepared to take
further steps to obstruct this or other investigations implicating
Israel and other allies, including implementing economic sanctions on
the court or cooperating states.
U.S. officials
praised the Pre-Trial Chamber’s decision not to investigate, with
Secretary of State Pompeo celebrating the clear link between the U.S.
threats and the ICC decision: “The ICC’s decision follows the State
Department’s March 15 announcement of visa restrictions on ICC personnel
involved in any investigation of U.S. personnel, and I am glad the
Court reconsidered its actions.”
In the complaint,
attorneys cite seven different principles and rights under international
law that Trump and other high-ranking U.S. government officials have
violated by interfering in the ICC’s investigation. The Center for
Constitutional Rights’ complaint builds on a letter sent by the special
rapporteur to the United States in March seeking information on U.S.
policy towards the ICC, and further calls for a comprehensive
investigation into the impact of U.S. threats on ICC judges, member
states, and victims’ representatives, as well as the ongoing impact on
the court.
This filing comes as U.S. officials, including Secretary of State Mike Pompeo and Ivanka Trump, visit The Hague this week.
For more information and filings related to the ICC investigation, visit the Accountability for International Crimes in Afghanistan page on the Center for Constitutional Rights website.
The Center for Constitutional Rights works with communities under threat to fight for justice and liberation through litigation, advocacy, and strategic communications. Since 1966, The Center for Constitutional Rights has taken on oppressive systems of power, including structural racism, gender oppression, economic inequity, and governmental overreach. Learn more at ccrjustice.org.
