Pompeo on ICC: US won’t be threatened by 'kangaroo court'

The president has warned the ICC that a probe into potential war crimes by US forces would be opposed by Washington

President Donald Trump delivers remarks to US troops with Afghanistan President Ashraf Ghani standing behind him during an unannounced visit to Bagram Air Base in Afghanistan. Reuters, file

US President Donald Trump on Thursday issued an executive order authorising sanctions against officials from the International Criminal Court over an investigation by the body into potential war crimes by American forces in Afghanistan.

The order authorises Secretary of State Mike Pompeo, in consultation with Treasury Secretary Steven Mnuchin, to block assets in the United States of ICC employees involved in the probe, the official said.

"We cannot, we will not stand by as our people are threatened by a kangaroo court," Mr Pompeo said in announcing the move.

It also authorises Mr Pompeo to block entry into the United States of these individuals.

Israeli Prime Minister Benjamin Netanyahu welcomed the move.

"This court is politicised and obsessed with carrying out a witch hunt against Israel and the United States as well as other democratic countries that respect human rights, but turns a blind eye to the world's worst human rights offenders, including the terrorist regime in Iran," Mr Netanyahu said at a press conference.

Mr Trump has repeatedly assailed The Hague-based ICC set up to prosecute war crimes, genocide and crimes against humanity. It has jurisdiction only if a member state is unable or unwilling to prosecute atrocities itself.

Afghanistan is a member of the ICC, though Kabul has argued that any war crimes should be prosecuted locally. The US government has never been a member of the court, established in 2002. The Trump administration imposed travel restrictions and other sanctions against ICC employees a year ago.

The ICC decided to investigate after prosecutors’ preliminary examination in 2017 found reasonable grounds to believe war crimes were committed in Afghanistan and that the ICC has jurisdiction.

A senior administration official said the directive authorises sanctions against any individual directly engaged in any effort by the ICC to investigate US personnel without American consent.

US war in Afghanistan - in pictures 

Sergeant Jay Kenney, 26, with the 101st Airborne Division, Task Force Destiny, assists wounded Afghan National Army (ANA) soldiers off the Blackhawk UH-60A helicopter after they were rescued in an air mission in Kandahar on December 12, 2010 in Kandahar province, Afghanistan. Getty Images

An Afghan Northern Alliance fighter mans the front line against the Taliban on October 2, 2001 near Jabul os Sarache, 30 miles north of Kabul. Getty Images

Abdullah Abdullah, chief executive of Afghanistan travelling via helicopter for the final campaign rally in Bamiyan, Afghanistan on September 25, 2019. Afghans will head to the polls on Saturday, September 28th. Getty Images

Mustafa Tamanna, 10, son of Afghan reporter Zabihullah Tamanna, weeps during the funeral ceremony in Kabul, Afghanistan on June 7, 2016. Tamanna was killed by a rocket-propelled grenade fired by the Taliban. Getty Images

Northern Alliance soldiers come back from the front line after a battle near Charatoy town in the north of Afghanistan on October 10, 2001. REUTERS

A Northern Alliance fighter throwing rocks as part of a popular national game yards away from a multiple Grad missile launcher in October 12, 2001 in the Salang Gorge in Northern Afghanistan. Getty Images

A French soldier from the 7th Mountain Regiment, part of the International Security and Assistance Force (ISAF) stands on a boulder overlooking Kabul during a patrol August 3, 2002 in Afghanistan. The ISAF has been patrolling Kabul since January 2002, working with the government and a new police force to prevent the violence and lawlessness that threatened to engulf the city after a U.S.-led coalition forced the Taliban from power. Getty Images

US Marine Sgt. Jerry Brown (L) of Jacksonville, North Carolina watches over a weapons cache found during a patrol near the American military compound at Kandahar Airport in January 16, 2002 in Kandahar, Afghanistan. The Marines recovered mortars, rockets, rocket-propelled grenades and artillery rounds discovered in various caches near the base while on the patrol. Getty Images)

Members of the Princess Patricia's Canadian Light Infantry patrol through poppy fields in the village of Markhanai in May 6, 2002 in the Tora Bora valley region of Afghanistan. Getty Images

The United States and Britain on October 7, 2001 launched a first wave of air strikes against Afghanistan. President George W. Bush said the action heralded a "sustained, comprehensive and relentless" campaign against terrorism. REUTERS

A young Afghan girl eats a piece of bread at the Chaman refugee camp on November 8, 2001 on the Pakistan border with Afghanistan. The UNHCR has estimated that since September 11, 2001 over 135,000 Afghans have crossed the border into Pakistan, adding to the already millions of refugees living in the country. Getty Images

Afghan opposition Northern Alliance soldiers leap over a trench as they return from front line positions after battle near the town of Charatoy in the north of Afghanistan October 10, 2001. REUTERS

An Afghan child peeks out from the doorway of his family's home as a US Army soldier from the 101st Airborne stands guard in the eastern Afghan village of Hesarak on July 16, 2002 during what the Army refers to as a 'sensitive site exploitation' mission or 'SSE'. Getty Images

Fred Perry, a British Royal Engineer soldier, reads the book "Black Hawk Down" inside his tent after a day of work on January 29, 2002 at the International Security Assistance Force (ISAF) barracks at the Kabul airport in Kabul, Afghanistan. Getty Images

Afghan soldiers (L) speak to a local Afghan, while a medic in the U.S. Army's 1st Battalion, 36th Infantry Regiment, Charlie Company (R) monitors a soldier who has just survived a blast from an improvised explosive device (IED) while driving a vehicle during a mission near Command Outpost Pa'in Kalay, on March 19, 2013 in Kandahar Province, Maiwand District, Afghanistan. Getty Images

Marines on a light armored vehicle prepare for patrol as an AH1W "Super Cobra" helicopter flies by on December 28, 2001 at the U.S. Marine Corps Base in Kandahar, Afghanistan. Getty Images

A Norwegian ISAF (International Security Assistance Force)soldier from Recce Squadron 3 patrols on October 4, 2004 in Kabul, Afghanistan as election officials get ready for the Presidential elections. Getty Images

Interim Afghan leader Hamid Karzai (L) is greeted by a group of Afghan military officers on his arrival to Kandahar airbase on May 04, 2002 in Southern Afghanistan. Getty Images

Soldiers in the U.S. Army's 101st Airborne Division wade though a creek to avoid buried insurgent bombs while on patrol October 16, 2010 in Zhari district west of Kandahar, Afghanistan. Getty Images

British commandos descend from a mountain observation post overlooking the beginning of the Helmand River at the Kajaki hydroelectric dam on March 13, 2007 in Afghanistan's southern Helmand province. Getty Images

101st Airbornes 1st Sgt. Kerry Black from Westmoreland, Tennessee uses an Afghan child's sling shot on February 6, 2002 as children crowd around him while he patrols on the outskirts of Kandahar, Afghanistan. Getty Images

Marine Cpl. Jonathan Eckert of Oak Lawn, IL attached to India Battery, 3rd Battalion, 12th Marine Regiment works his improvised explosive device (IED) sniffing dog Bee as they secure a compound during a patrol near Forward Operating Base (FOB) Zeebrugge on October 11, 2010 in Kajaki, Afghanistan. Getty Images

Afghan refugees walk across the border into Pakistan on October 11, 2001 as they leave Afghanistan at the Chaman crossing point on the 4th day of U.S.-led air strikes against the ruling Taliban and terrorist networks in the country. Getty Images

Anti-Taliban Afghan fighters watch several explosions from U.S. bombings in the Tora Bora mountains in Afghanistan on December 16, 2001.

British Marines run under fire from the Taliban during a morning operation on March 18, 2007 near Kajaki in the Afghan province of Helmand. Getty Images

Afghan Army troops prepare to board a British chinook helicopter from their base at Shorabak on March 12, 2007 in Southern Helmand province, Afghanistan. Getty Images

British Marine Joe Harvey from Stafford, England (R), watches as British forces come under fire by Taliban insurgents on March 18, 2007 near Kajaki in the Afghan province of Helmand. Getty Images

U.S. Army 101st Airborne 3-187 "Bravo" company soliders pass through a corn field while conducting a sensitive site exploitation (SSE) mission July 23, 2002 near the town of Narizah in Southeastern Afghanistan. Getty Images

Scouts from 2nd Battalion, 503rd Infantry Regiment (Airborne), pull overwatch during Operation Destined Strike while 2nd Platoon, Able Company searches a village below the Chowkay Valley in Kunar Province, Afghanistan on August 22, 2006. US Army

The official said the probe threatens to infringe on American sovereignty and that while the ICC was established to provide accountability, "in practice the court is an unaccountable, ineffective and out-of-control international bureaucracy that threatens American service members and intelligence officers and those of our allies”.

ICC prosecutor Fatou Bensouda wants to investigate possible crimes committed between 2003 and 2014, including alleged mass killings of civilians by the Taliban, as well as the alleged torture of prisoners by Afghan authorities and, to a lesser extent, by US forces and the CIA.

"We have reason to believe there is corruption and misconduct at the highest levels of the ICC’s office of the prosecutor, calling into question the integrity of this investigation into American personnel. We are concerned that Russia may be manipulating the ICC by encouraging these allegations into US personnel," the US official said.