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1 1 (June 30, 2020)

handle is hein.crs/govdaui0001 and id is 1 raw text is: Resarh Set-vic Can the International Criminal Court Investigate U.S. Personnel? June 30, 2020 On June 11, 2020, President Trump issued Executive Order 13928, authorizing sanctions against certain individuals involved in the International Criminal Court (ICC) Prosecutor's investigation of whether U.S. military and intelligence personnel committed war crimes during the conflict in Afghanistan. The ICC is an international tribunal created by the Rome Statute to serve as the first permanent tribunal to try individuals for the most serious crimes ofconcernto the international community as a whole. Currently, 123 countries are parties to the Rome Statute, but the United States is not, having first signed the Rome Statute but later withdrawing its intent to join. This Sidebar outlines the basis upon which the ICC Prosecutor may initiate investigations; discusses the disagreement between the United States and the Prosecutor about the legality of the request to investigate the actions of U. S. personnel; and assesses whether the United States may attempt to stop the investigation. Background In November 2017, the Office of the Prosecutor for the ICC requested authorization to investigate alleged war crimes committed by U.S. military and intelligence personnel in Afghanistan, and in countries linked to the conflict. The Prosecutor had been preliminarily examining the events in Afghanistan since 2006. The request stated that the Prosecutor's information from its preliminary examination provided a reasonable basis to believe that U.S. military personnel in Afghanistan subjected at least 54 detained persons.., to torture, c rel treatment, outrages upon personal dignity, rape and/or s exual violenc e. Further, the request indicated that the information also provided a reasonable basis to believe that U. S. intelligence personnel subjected at least 24 individuals to similar treatment during interrogations in secret detention facilities (so-called black sites) in Afghanistan, Poland, Lithuania, and Romania. InApril 2019, the ICC's Pre-Trial Chamber denied the Prosecutor's request, finding that although the ICC had jurisdiction, the likelihood of a successful prosecution was extremely limited given that nearly eleven years had elapsed since the Prosecutorbegan examining the situation and the limited cooperation with and resources available for a full investigation and prosecution. In March 2020, the ICC's Appeals Chamber reversed this determination, deciding that the Pre-Trial Chamber should not conduct an interests of justice inquiry at the preinvestigation stage and should assess only whether there is a Congressional Re search Service https://crsreports.congress.gov LSBI0505 CRS Lega i&sebar Prepared .'r Membersand C o m m ; .. e e s o f Cen o loC o n --------------.. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------...........

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