The United States on Monday warned the International Criminal Court against prosecution of US or Israeli officials for alleged war crimes in the Middle East.
White House National Security Adviser John Bolton called the Hague-based rights body “unaccountable” and “outright dangerous” to the United States, Israel and other allies, and said any probe of US service members would be “an utterly unfounded, unjustifiable investigation.”
In his remarks to the conservative Federalist Society in Washington, Bolton said: “If the court comes after us, Israel or other US allies, we will not sit quietly… The United States will use any means necessary to protect our citizens and those of our allies from unjust prosecution by this illegitimate court.”
Bolton pointed to an ICC prosecutor’s request in November 2017 to open an investigation into alleged war crimes committed by the US military and intelligence officials in Afghanistan, especially over the abuse of detainees. Neither Afghanistan nor any other government party to the ICC’s Rome Statute has requested an investigation, Bolton said.
He said the ICC could formally open the investigation “any day now.”
He also cited a recent move by Palestinian leaders to have Israeli officials prosecuted at the ICC for human rights violations.
While “in theory, the ICC holds perpetrators of the most egregious atrocities accountable for their crimes, provides justice to the victims, and deters future abuses,” he said, “In practice… the court has been ineffective, unaccountable, and indeed, outright dangerous.
“For all intents and purposes, the ICC is already dead to us,” he stated.
Bolton added that “While the court welcomes the membership of the so-called state of Palestine, it has threatened Israel, a liberal, democratic nation, with investigation into its actions in the West Bank and Gaza to defend its citizens from terrorist attacks.”
“The Trump administration will not keep the office open when the Palestinians refuse to take steps to start direct and meaningful negotiations with Israel,” he added.
“The United States supports a direct and robust process,” he went on, “and we will not allow the ICC or any other organization to constrain Israel’s right to self-defense.”
Congress in 2015 mandated that the PLO mission be shut if the Palestinians initiate or support an investigation by the court against Israelis.
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