Mike Pompeo previews likely visa, financial sanctions against ICC

The Trump administration previously rescinded ICC Chief Prosecutor Fatou Bensouda’s visa for traveling to the US and has explicitly threatened other measures, including sanctions.

By YONAH JEREMY BOB
U.S. Secretary of State Mike Pompeo speaks to the media at the State Department in Washington, DC, U.S., May 20, 2020 (photo credit: NICHOLAS KAMM/POOL VIA REUTERS)
U.S. Secretary of State Mike Pompeo speaks to the media at the State Department in Washington, DC, U.S., May 20, 2020
(photo credit: NICHOLAS KAMM/POOL VIA REUTERS)
US Secretary of State Mike Pompeo on Monday alluded to new US measures against the International Criminal Court “in the coming days,” dropping hints that the retaliation could go beyond revoking visas to financial penalties.
In an interview with the American Enterprise Institute, he said, “You’ll see in the coming days a series of announcements not just from the State Department, from all across the United States government, that attempt to push back against what the ICC is up to.”
“I think that the ICC and the world will see that we are determined to prevent having Americans and our friends and allies in Israel and elsewhere hauled in by this corrupt ICC,” Pompeo said.
The Trump administration previously rescinded ICC Chief Prosecutor Fatou Bensouda’s visa for traveling to the US and has explicitly threatened other measures, including sanctions.
It is unclear how far the potential US financial moves might extend, whether only to accounts within the US or also to pressing European allies regarding ICC personnel.
Both past and expected future measures against ICC personnel come in response to its position against the US for alleged torture of detainees in Afghanistan in 2003-2004, as well as Bensouda’s push for a full criminal war crimes probe of Israelis regarding the settlement enterprise and the 2014 Gaza war.
The timing also connects the ICC’s move to a potential decision by Israel, supported by the US, to annex portions of the West Bank in July.
Pompeo emphasized that neither the US nor Israel are parties to the Rome Statute that established the court.
The secretary of state has also faced bipartisan pressure to defend Israel from any ICC probe. Hundreds of legislators from both the Senate and the House of Representatives sent a letter in mid-May, calling on Pompeo to prevent “politicization” and “misuse” of the ICC against Israel.
Germany, the Czech Republic, Hungary, Australia, Austria, Brazil and Uganda all filed legal briefs with the ICC Pre-Trial Chamber, asking it to veto Bensouda’s decision to move forward against Israel.
That decision is not expected before July and could extend months into the future, as the judges follow diplomatic reactions to any potential Israeli annexation move.
Prime Minister Benjamin Netanyahu has called the ICC a “rare strategic threat” and blasted the ICC as the latest example of international organizations biased against Israel.
The ICC prosecution has responded that it is objective and has pointed out that it is also probing Hamas for war crimes. The ICC prosecution also said its decision was not rushed, but came after more than five years of receiving information from both sides.
By comparison, the US case is far more advanced than the Israeli case.
Bensouda announced she was ready to move against the US in 2017. The last two plus years have seen multiple contrary ICC court decisions for and against a full war crimes probe until March, when the ICC’s top Appeals Chamber gave the final green light for the case to go forward.
That decision propelled a probe against the US for seemingly “less serious” crimes like torture, appearing to signal a greater likelihood that the ICC will approve a probe against Israel relating to the deaths of 2,100 Palestinians (of which 50-80% were civilians) in 2014.
At the same time, no ICC court has ruled against Israel yet, and even if the ICC Pre-Trial Chamber rules against Israel, it could send the issue to the Appeals Chamber, which could take more time to handle the issue.
Some in Israel hope this process could draw things out past when Bensouda steps down in June 2021, which may provide a chance to get a more favorable stance from her successor.