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The IBA’s response to the war in Ukraine
On Wednesday 2 September, United States Secretary of State Michael Pompeo announced that International Criminal Court (ICC) Chief Prosecutor Fatou Bensouda and the Head of the Jurisdiction, Complementarity and Cooperation Division (JCCD) Phakiso Mochochoko have been designated by the US State Department for economic sanctions. The International Bar Association (IBA) condemns this latest action by the Trump Administration to harass senior officials working on behalf of victims of genocide, war crimes and crimes against humanity, and to disrupt ICC investigations.
The move follows the issuance of Executive Order 13928 (EO 13928) in June, which authorised the State Department to impose sanctions on individuals who ‘materially assist’ the ICC’s prosecution and investigation of US personnel and that of its allies.
IBA President, Horacio Bernardes Neto, stated: ‘The IBA is perplexed by the administration’s decision to include Ms Bensouda and Mr Mochochoko in a list of persons subject to financial sanctions by the US government – a list which should be reserved for human rights violators, not defenders. These sanctions seek to demean the ICC, with the intention to discredit a legitimate court in the eyes of the world. States should advance a strong and coordinated response to protect the work of the Court.’
With this designation in place, the provisions of EO 13928 become enforceable immediately, allowing for the seizure of all assets of non-US nationals under the country’s jurisdiction, including financial transactions in US dollars. In addition, US persons and entities are barred from cooperation with designated persons, creating the risk of civil and criminal prosecution.
IBA Executive Director, Mark Ellis, said: ‘Targeting the Chief Prosecutor and the Head of the JCCD creates a hostile environment that undermines accountability for atrocities. This is an attack on all Court staff and on the international justice system. The US sanctions are American exceptionalism at its worst, and send a message that human rights violators can threaten their way out of justice; the international community must reject these bullying tactics by supporting the Court and its officials.’
In his statement, Mr Pompeo cautioned that ‘individuals and entities that continue to materially support those individuals risk exposure to sanctions as well’. However, the Executive Order does not define material assistance. The vagueness of its provisions is an attempt by the administration to create a ‘chilling effect’, discouraging persons and entities from engaging with the Court in any shape or form.
Director of the IBA’s International Criminal Court and International Criminal Law (ICC & ICL) Programme, Kate Orlovsky, stated: ‘The Trump administration’s intent is clear: to deter cooperation with ICC investigations and cases. This is a petty move that illustrates the profound decrease in US support for the rule of law and the system of international justice that the US helped create. In the absence of US leadership, and while the US uses its power to obstruct justice for victims, each of the Court’s 123 States Parties should now voice their commitment to the ICC.’
ENDS
Notes to the Editor
For further information please contact:
Kate Orlovsky
Director, Hague Office
International Bar Association
Nassaulaan 19
2514 JT The Hague
The Netherlands
Mobile: +31 (0) 70 737 0686
Email: kate.orlovsky@int-bar.org
Romana St. Matthew - Daniel
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International Bar Association
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London EC4A 4AD
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IBA website page link for this news release:
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