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Executive Order 13928 on Blocking Property of Certain Persons Associated with the International Criminal Court

Published online by Cambridge University Press:  29 October 2020

Beth Van Schaack
Beth Van Schaack*
Affiliation:
Leah Kaplan Visiting Professor in Human Rights, Stanford Law School
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Extract

On June 11, 2020, President Donald J. Trump issued Executive Order 13928 Blocking Property of Certain Persons Associated with the International Criminal Court under the authority vested in him by the International Emergency Economic Powers Act (IEEPA) and other federal statutes. Although the Trump Administration had earlier threatened aggressive action against the International Criminal Court (ICC), the issuance of the E.O. followed a ruling by the ICC Appeals Chamber authorizing the Prosecutor to commence an investigation into the situation in Afghanistan, which might implicate U.S. persons. The E.O. declared the ICC's “illegitimate assertion of jurisdiction” over U.S. personnel and the personnel of “certain of its allies” to be “an unusual and extraordinary threat to the national security and foreign policy of the United States” within the meaning of IEEPA. It is a sweeping measure, blocking all property within the United States owned by designated natural or legal person (section 1); barring any contribution or provision of funds, goods, or services to, or for the benefit of, designated persons (section 3), including even the donation of food, clothing, or medicine (section 2). The E.O. also authorized the imposition of certain immigration restrictions, including suspension of entry into the United States of ICC officials and their immediate family members (Section 4).

Type
International Legal Documents
Information
International Legal Materials , Volume 60 , Issue 1 , February 2021 , pp. 18 - 23
Copyright
Copyright © American Society of International Law 2020

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References

ENDNOTES

1 85 Fed. Reg. 36139. The E.O. is available at https://www.whitehouse.gov/presidential-actions/executive-order-blocking-property-certain-persons-associated-international-criminal-court.

2 See National Security Adviser John Bolton Remarks to Federalist Society, Lawfare (Sept. 10, 2018), https://www.lawfareblog.com/national-security-adviser-john-bolton-remarks-federalist-society.

3 Situation in the Islamic Republic of Afghanistan, Judgement on the Appeal against the Decision on the Authorisation of an Investigation into the Situation in the Islamic Republic of Afghanistan, Case No. ICC-02/17 OA4 (Mar. 5, 2020), https://www.icc-cpi.int/CourtRecords/CR2020_00828.PDF.

4 See Adam M. Smith, Dissecting the Executive Order on Int'l Criminal Court Sanctions: Scope, Effectiveness, and Tradeoffs, Just Security (June 15, 2000), https://www.justsecurity.org/70779/dissecting-the-executive-order-on-intl-criminal-court-sanctions-scope-effectiveness-and-tradeoffs/.

5 Dep't State, Press Briefing, https://twitter.com/statedept/status/1301157735652831232?s=12.

6 Dep't Treasury, Blocking Property of Certain Persons Associated with the International Criminal Court Designations (Sept. 2, 2020), https://home.treasury.gov/policy-issues/financial-sanctions/recent-actions/20200902. The full SDN is available at: https://www.treasury.gov/ofac/downloads/prgrlistmlst.txt.

7 See Beth Van Schaack, The Int'l Criminal Court Executive Order: Global Reactions Compiled, Just Security (Sept. 1, 2020), https://www.justsecurity.org/72256/the-intl-criminal-court-executive-order-global-reactions-compiled/.

8 Rome Statute of the International Criminal Court art. 53, July 17, 1998, 2187 U.N.T.S. 90.

9 Id. art. 15(3).

10 Situation in the Islamic Republic of Afghanistan, Public Redacted Version of “Request for Authorization of an Investigation Pursuant to Article 15”, Case No. ICC-02/17-7-Red (Nov. 20, 2017), https://www.icc-cpi.int/CourtRecords/CR2017_06891.PDF.

11 Situation in the Islamic Republic of Afghanistan, Decision Pursuant to Article 15 of the Rome Statute on the Authorisation of an Investigation into the Situation in the Islamic Republic of Afghanistan, Case No. ICC-02/17-33 (Apr. 12, 2019), https://www.icc-cpi.int/CourtRecords/CR2019_02068.PDF.

12 Dapo Akande & Talita de Souza Dias, The ICC Pre-Trial Chamber Decision on the Situation in Afghanistan: A Few Thoughts on the Interests of Justice, EJIL:Talk! (Apr. 18, 2019), https://www.ejiltalk.org/the-icc-pre-trial-chamber-decision-on-the-situation-in-afghanistan-a-few-thoughts-on-the-interests-of-justice/.

13 See supra note 3.

14 Beth Van Schaack, A Test for the US Posture on the Int'l Criminal Court: “Safe Harbor” Licenses?, Just Security (Sept. 4, 2020), https://www.justsecurity.org/72305/a-test-for-the-us-posture-on-the-intl-criminal-court-safe-harbor-licenses/.

15 See Diane Marie Amann, I help children in armed conflict. The President is forcing me to stop. Just Security (June 29, 2020), https://www.justsecurity.org/71048/i-help-children-in-armed-conflict-the-president-is-forcing-me-to-stop/.

16 Rob Berschinski, Trump's ICC EO Will Undercut All U.S. Sanctions Programs—Is That Why Treasury Isn't Conspicuously on Board?, Just Security (June 16, 2020), https://www.justsecurity.org/70796/trumps-icc-eo-will-undercut-all-u-s-sanctions-programs-is-that-why-treasury-isnt-conspicuously-on-board.