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Jurist German Foreign Minister supports ICC after Trump administration imposes sanctions on the Court

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Dadparvar

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Nov 11, 2016
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German Foreign Minister Johann Wadephul on Monday visited The Hague and pledged support for the International Criminal Court (ICC) following the latest wave of sanctions by US President Donald Trump.

Emphasizing the importance of support for the ICC’s operations and investigative work during a climate of political pressure, Wadephul stated:

International rules are only as strong as our commitment to enforcing them. Particularly in a day and age when international institutions are increasingly being called into question, we must clearly endorse these rules, together with our partners across the globe.

Wadephul called on Dutch Foreign Minister Tom Berendsen to affirm the sentiment that the current ICC rules are an advantage for all participating stakeholders. Berendsen suggested that the ICC could rely on the European Union Blocking Statute which aims to counter the “unlawful effects” of third-country sanctions. The statute nullifies “administrative, judicial, arbitral or of any other nature, taken by a third country” based on specified acts listed within the statute.

Rights organizations such as the Union of European Federalists (UEF) have reiterated their support for amending the Blocking Statute to bring the ICC within its scope. They argue that the extraterritorial overreach of these sanctions within the EU is a violation of the union’s autonomy and strikes at the core purpose of the Blocking Statute which is to protect European operators from the illegal application of foreign law.

The current Tánaiste (Deputy Prime Minister) of Ireland, Simon Harris has also echoed these sentiments, calling for the European Commission to quickly implement the Blocking Statute in response to the sanctions. However, Lize de Kruijf at the Atlantic Council states that even in the event that the Blocking Statute is invoked, it would be an uphill task to fully block all US sanctions, especially when third-party countries and companies with operations in the US and EU are involved.

Last Tuesday, US President Trump addressed the United Nations General Assembly. He called on all nations involved with the ICC to “officially resign from this rogue institution immediately.” The Trump administration, and US Secretary of State Marco Rubio, asserted that the ICC has “asserted authority over US nationals who have not consented to ICC jurisdiction.”

Sanctions have been imposed on 13 ICC judges or court personnel. Thirty-eight civil organizations filed a brief in the US District Court for the Southern District of New York stating the sanctions were disrupting the ICC from processing crimes against humanity and crime victims from accessing the Court.

The US has imposed sanctions on senior ICC officials across different contexts prior to the Court’s investigation into the alleged perpetration of war crimes by Israeli forces in Gaza. This includes the ICC’s probe into crimes against humanity allegedly committed by US troops on Afghanistan soil, which resulted in then Chief Prosecutor Fatou Bensouda’s visa being restricted, although this measure was later lifted by the Biden administration.

The post German Foreign Minister supports ICC after Trump administration imposes sanctions on the Court appeared first on JURIST - News.

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