While Washington has blacklisted the ICC prosecutor after opening an investigation into war crimes and crimes against humanity committed in Afghanistan, concern dominates in The Hague. What are the remedies available to the Court?
The threat had been hovering for several months already. The ax finally fell on Wednesday, September 2. In front of the press, the American Secretary of State, Mike Pompeo, announced to blacklist, alongside terrorists and drug traffickers, two members of the International Criminal Court (ICC): his Gambian prosecutor, Fatou Bensouda, and Phakiso Mochochoko, the Director of the Jurisdiction, Complementarity and Cooperation Division of the ICC, from Lesotho.
"We will not stand idly by, while our fellow citizens are threatened by a court of kangaroos," said Mike Pompeo. At the origin of his anger, the green light given by the prosecutor to the opening of an investigation into war crimes and crimes against humanity committed in Afghanistan - an investigation that could implicate the US military.