U.S. Sanctions ICC in a Bid to Avoid “Criminal Liability”: War Crimes Prosecutor Reed Brody

NERMEEN SHAIKH: The Trump administration has actually put sweeping sanctions on the International Criminal Court. The sanctions target the organization as a whole. This begins top of earlier sanctions targeting specific ICC judges and workers.

The Trump administration revealed the sanctions on Friday, simply hours after previous ICC Judge Navi Pillay was granted the Nobel Peace Prize. Pillay slammed President Trump’s brand-new sanctions.

NAVI PILLAY: I believe it’s extremely regrettable. The strategies of targeting global criminal justice through the ICC was brewing all the time. All of us heard these hazards versus the court. The timing of how they revealed the risk and made it main is curious. … It can’t be coincidental when they’re so upset with the court. Which’s why the very first thing I did when I returned from Nuremberg to The Hague is to go to the personnel of the ICC to reveal uniformity for their operate in promoting worldwide criminal justice and to secure, to secure those who have actually currently been approved.

AMY GOODMAN: The Trump administration has actually been intensifying its attacks on the International Criminal Court since the ICC provided arrest warrants in 2024 for Israeli authorities, consisting of Prime Minister Benjamin Netanyahu and the previous Defense Minister Yoav Gallant. Secretary of State Marco Rubio revealed the brand-new sanctions on the ICC on Friday.

SECRETARY OF STATE MARCO RUBIO: And President Trump will never ever permit the International Criminal Court to prosecute Americans. Which’s why today the United States is approving the International Criminal Court. We will prohibit deals with this rogue court, cutting off their resources and debilitating their capability to run versus us, since our message is clear: The United States and the American individuals are exempt to the jurisdiction of this phony ICCBoth celebrations settle on this, however just President Trump has the willpower to take the action required to end this risk at last. Either the ICC will end its dangers, or we will end the ICCAnd we anticipate our allies, much of whom become part of the ICC which count on American service members for their defense, to control this rogue court. If they do not, the United States will continue its project to take apart the ICC piece by piece till Americans are threatened no longer.

AMY GOODMAN: The U.S. Secretary of State Marco Rubio made these remarks simply after it was revealed who won the Nobel Peace Prize, Navi Pillay– not President Trump, who has actually been seeking it actively and openly for many years.

For more, we’re signed up with here in New York by Reed Brody, war criminal activities district attorney, member of the International Commission of Jurists.

Reed, we spoke on Friday. You talked everything about Navi Pillay and the significance of who she is and what it implies for her to win the Nobel Peace Prize. Obviously, Trump stated ideal later on no one understands who she is. This statement right after that statement, talk about the significance. We’ve seen private members of the ICC have been approved, however the entire court? Could the U.S. take it down?

REED BRODY: Well, you understand, the juxtaposition is incredible. I suggest, the Nobel Committee, when they granted the reward to Navi Pillay, they stated worldwide law is under extraordinary attack. And a number of hours later on, the Trump administration showed them right with these sweeping sanctions on the ICC

As you state, up previously, the court has– the Trump administration has actually approved the district attorneys, specific judges, however this is an attack on the whole court. And it generally avoids American or U.S.-based banks, insurer, any business from negotiating with the court. And, you understand, these are existential– this is an existential attack on the court. In addition, non-American business tend to overcomply. I indicate, we saw AXAthe primary Dutch insurance company of the court and court workers, withdrawing, although they were exempt to sanctions. Therefore, actually, I suggest, the 125 nations that are members of this court are now going, you understand, to need to step up.

You understand, Marco Rubio speaks about American sovereignty versus a runaway court. I suggest, this is truly an insurance plan versus responsibility for criminal offenses that the United States and its ally Israel are dedicating in plain sight. I indicate, Benjamin Netanyahu and Yoav Gallant have actually been arraigned for war criminal activities, criminal offenses versus mankind. The United States is associated with an unlawful attack on Iran that makes up most likely the criminal activity of hostility; battle water plants and women’ schools in Iran, that might be war criminal offenses; exploding boats in the Caribbean without due procedure and trial. As we speak, Rodrigo Duterte, the previous president of the Philippines, is dealing with trial in The Hague for the supposed extrajudicial execution of presumed drug dealerships. Sending out migrants to a jail in El Salvador, a well-known jail, where they were, in truth, tortured, can develop criminal liability.

Therefore, you understand, not unsurprisingly, the Trump administration is doing abroad what it does in your home: you understand, stomp on human rights, stomp on the guideline of law, and after that assault the very organizations– the courts, the reporters, the NGOs– that attempt to hold it to account.

NERMEEN SHAIKH: I imply, it’s fascinating, Reed, because, as you explained, the U.S. has actually never ever belonged to the International Criminal Court. The U.S. supplies no financing for the International Criminal Court. And as you’ve likewise stated, I indicate, there are a variety of really effective nations that are not members of the ICCthat includes likewise 3 of the 5 long-term members of the Security Council. And undoubtedly, likewise, you understand, you discussed Iran. If you could describe, since you were associated with the facility of this court, assisting to lobby federal governments to accede to the treaty, you understand, what was the resistance that you dealt with then? Iran is not a member of the International Criminal Court. And after that, how the structure works, that you need to be a celebration to the treaty in order to have the ability to declare jurisdiction? For example, in the case, Israel is not a member of the ICChowever Palestine is.

REED BRODY: . I believe that’s the bottom line here. I imply, Marco Rubio speaks about American sovereignty. Well, yeah, if an American– I indicate, the ICC does not have jurisdiction over criminal offenses dedicated in America by Americans. It does not have jurisdiction over ICE violence, over, you understand, deaths in custody. If the United States dedicates criminal offenses on the area of a nation that has actually validated or offered its jurisdiction to the ICCthere’s no sovereignty concern. I imply, I’m an American resident. If I go to Paris and begin shooting individuals, the French courts can prosecute me. That’s their sovereign. And they can likewise consider that right to the International Criminal Court. The U.S. has no sovereign right to dedicate war criminal offenses on the area of nations that have actually offered its jurisdiction.

The very same method, I suggest, Vladimir Putin, let’s keep in mind– Russia hasn’t registered to the court, however Vladimir Putin has a warrant impressive for supposed criminal activities devoted in Ukraine. And in reality, when that took place, the U.S. praised, and Lindsey Graham marshaled a 100-to-0 vote in the Senate praising the indictment of Vladimir Putin, who is not a member of the International Criminal Court.

The very same thing with Israel. Israel is not a member, however Palestine is. And you have no right– I indicate, you have a sovereign right within your own nation. You do not have a sovereign right to go and dedicate war criminal activities on other individuals’s area.

Which was, in reality, the objection back in 1998, when we remained in Rome, to the International Criminal Court. That is why the Clinton administration was among just 7 nations to vote versus the ICC statute, since they desired an ironclad, you understand, ensure that no American– they normally put it in regards to soldiers, however truly what they indicate is authorities– you understand, that no American soldier or authorities might ever be held accounted to the ICC

NERMEEN SHAIKH: Didn’t Clinton sign the Rome Statute in 2000 at the end of the year?

REED BRODY: The U.S. voted versus it. There was a great deal of, you understand, backward and forward. As his term was ending, or I believe it was on– it was the last day that he might in fact sign the treaty– he did sign the treaty. He stated he wasn’t sending it to the Senate for ratification, however he was signing the treaty as a step of great faith.

Of course, Bush came along, and under John Bolton, they anonymous the treaty, and they pressed through a legislation, the American Service-Members’ Protection Act, informally understood as the Hague Invasion Act, that really– and is still in force– that in fact licenses the United States to take any ways essential to extract, to avoid an American or an ally from being attempted before the ICC

AMY GOODMAN: Reed, before we end, I wish to ask you about an associated story. On Tuesday, a federal judge briefly obstructed the Trump administration from punishing 2 groups from dealing with the ICCThe judgment was available in a claim submitted by your group, DAWNand the Taxpayer Alliance Against Genocide. Reed, you function as a board member of DAWNDescribe the significance, as we start to finish up.

REED BRODY: You understand, the ICC’s– the Palestinian companies, due to the fact that the sanctions that were in impact before last week consisted of sanctions versus the U.N. unique rapporteur Francesca Albanese on the Occupied Territories and 4 Palestinian human rights companies.

Now, my company, DAWNhas actually been extremely active in working together with the ICCWe in fact provided a petition to the court detailing the proof revealing the complicity of U.S. authorities of the Biden administration with the court. We likewise work really carefully with the approved Palestinian companies, consisting of Raji Sourani’s company, who’s been on your program often times. We brought– and we asked the Treasury Department 4 times or 3 times, “Is this Okay? Are we in”– and the Treasury Department never ever returned to us. Therefore we needed to quit working with the court, quit working with the approved Palestinian companies.

Therefore, we brought this claim on First Amendment premises. And, you understand, today, we got this judgment from a district judge advising the administration from using the sanctions, or from the secondary sanctions to DAWN and to TAAGThere are really 7 claims taking on these sanctions, claims brought by law teachers, claims brought by judges of the court themselves, a claim brought by CCR and Human Rights Watch, all of which have actually up until now been– a minimum of for those brought by American residents, have actually succeeded.

NERMEEN SHAIKH: I simply desire to point out really rapidly, before we conclude, Reed, that, in reality, previously this year, when Marco Rubio, secretary of state, talked about the court, Trump really stated clearly, “He’s not doing this to protect me, however he is doing it to protect Bibi.” He stated this clearly in an interview. I desired to ask– we have 30 seconds. You stated individuals who are– nations that are signatories to the court, members of the court, they need to step up in order to conserve the court from the results of these sanctions. What do you believe the Europeans will do?

REED BRODY: Well, they require to– they have an obstructing statute, essentially, that states to Dutch business, to European business, “You can not abide by these sanctions.” Now, it’s not a silver bullet, due to the fact that individuals are as scared of, you understand, U.S. sanctions as they are of European pushback.

I do desire to state that, you understand, the Gallant and Netanyahu arrests were a watershed in worldwide justice.

AMY GOODMAN: Arrest warrants.

REED BRODY: The arrest warrants were a watershed in global justice. I imply, up till then, returning to Nuremberg, the instruments of worldwide justice had actually just been utilized versus beat opponents, like in Tokyo and Nuremberg, impotent Africans, opponents of the West, like Vladimir Putin and Slobodan Milošević. And we were– and individuals in the Global South and individuals like me were arguing that these are double requirements. And when the court, lastly, in the Netanyahu and Gallant warrants, you understand, released– revealed that it might be evenhanded, that is when the United States relocated to strangle this court.

AMY GOODMAN: Reed Brody, war criminal activities district attorney, member of the International Commission of Jurists.

Turning up, we’ll take a look at how the reaction versus information centers to power AI has actually ended up being a political flashpoint in the midterm elections. We’ll go to Memphis to speak with Democratic congressional prospect Justin Pearson, where Elon Musk is developing huge information. We’ll talk to Paris Marx, author of Hyperscale: The Ambition and Excess of Big Tech’s Data EmpiresStay with us.

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