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Designating Judges and Lawyers as Threats to National Security: U.S. Sanctions against the International Criminal Court
International Law Section
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President Trump recently signed Executive Order 13928, which declared that any investigation of U.S. military operations in Afghanistan by the International Criminal Court (ICC) poses a threat to the national security of the United States. The order authorizes the U.S. Treasury Department to impose financial sanctions and travel restrictions on lawyers, judges and other employees of the court. The sanctions that could be imposed on the ICC, and potentially any parties aiding the Court in its work, are the same as those imposed on hostile nations, foreign terrorist networks and international drug traffickers.
The executive order raises serious issues about the use of presidential authority to declare a national emergency, the jurisdiction of the ICC, and threats to the independence of the judiciary in the international context. This program will present the legal basis for these sanctions, as well as information about the ICC investigations that triggered the unprecedented U.S. action and the implications for the ICC and its staff.
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