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               Researh Sevice






International Criminal Court: U.S. Sanctions

in Response to Investigation of War Crimes in

Afghanistan



June 19, 2020
President Trump issued an executive order on June 11, 2020, authorizing sanctions, in part, against any
foreign person found to be acting in support of the International Criminal Court (ICC) Prosecutor's
investigation of U.S. personnel. The decision comes three months after the ICC Prosecutor's opening of
an investigation into alleged war crimes related to the Afghanistan conflict, which has provoked
condemnation and concern from the United States.

Executive Order Authorizing U.S. Sanctions
In Executive Order 13928, President Trump declared that the ICC's assertion of jurisdiction over U.S.
military, intelligence, and other personnel in the course of investigating actions allegedly committed by
those personnel in or relating to Afghanistan constitutes an unusual and extraordinary threat to the
national security and foreign policy of the United States. Invoking authorities provided in the National
Emergencies Act and the International Emergency Economic Powers Act, the President declared that the
ICC activities establish grounds for a national emergency to deal with the threat.
To implement the order, the Secretary of State, in consultation with the Secretary of the Treasury and the
Attorney General, is tasked with identifying any foreign person that
    *  has directly engaged in the ICC's efforts to investigate, arrest, detain, or prosecute any
       United States personnel without the consent of the United States, or similarly engaged in
       such activities targeting personnel of a U.S. ally without consent of that person's
       government;
    *  has materially assisted, sponsored, or provided financial, material, or technological
       support for, or goods or services to or in support of, any ICC efforts described above; or
    *  is owned or controlled by, or [has] acted or purported to act for or on behalf of, directly
       or indirectly, any person whose property and interests in property are blocked pursuant to
       this order.


                                                                Congressional Research Service
                                                                https://crsreports.congress.gov
                                                                                     IN11428

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