Donald Trump’s government is preparing a sanctions pact against the International Criminal Court (ICC), according to information released last Sunday (20) by the newspaper Wall Street Journalbased on documents and reports from authorities. Depending on the degree, the initiative could paralyze the functioning of the Court.
According to the publication, the measures would prohibit most transactions with the court after a grace period of six to seven months. The target is the ICC’s access to the global financial system. By not being able to move resources in dollars, the court would be isolated from banks and institutions around the world.
Authorities interviewed by the American press stated that the decision could be finalized this week. There is still no confirmed date for the official announcement or for the restrictions to come into force. The offensive would be a concrete blow to the court, which has already issued an arrest warrant against Prime Minister Benjamin Netanyahu, accused of crimes committed in the military offensive in the Gaza Strip, and against the President of Russia, Vladimir Putin, due to events related to the war in Ukraine.
The United States has never ratified the Rome Statute, the treaty that created the ICC, and does not recognize the court’s jurisdiction. For Ana Carolina Marson, professor of International Relations, this condition could limit the scope of the measure. “From a legal point of view, the United States is not subject to jurisdiction. It does not have this legal responsibility that member states have in relation to the ICC”, he contextualizes, in conversation with the Brazil in fact.
“But this does not mean that he does not have the ability to influence or pressure the institution. What he can do is indirect pressure, through political, diplomatic or even indirect financial means, but he has no legal authority over the ICC”, says Marson.
The financial path is supported by the weight of the dollar, but comes up against the court’s financing structure. Basically, the ICC is supported by contributions from member countries. “He can impose sanctions on people linked to the ICC, he can try to exert some type of pressure on the international financial system. We cannot forget that the dollar continues to be the main currency for international transactions”, recalls Marson.
For the internationalist, Washington’s hypothetical measure could represent “an attempt to show power” on the part of Trump, and “to impose himself on the international stage”.
Based in The Hague, Netherlands, the ICC tries individuals accused of genocide, war crimes and crimes against humanity. It is the first permanent international court with this competence, created to act when countries prove unable or unwilling to prosecute those responsible for atrocities.
If the sanctions advance, Marson believes that the effects on ongoing processes would be operational, and not legal. “The arrest warrant against Netanyahu was issued, it exists, it will continue to exist, regardless of the sanctions. If these sanctions manage to have the capillarity that Trump expects, the difficulty could be, for example, in implementing this arrest”, he explains. In this scenario, investigations and prosecutions could be slowed down, while countries more dependent on Washington could withdraw from cooperation with the court.
Marson associates the movement with the United States political calendar, on the eve of midterm elections. In addition to the opening of the UN General Assembly this week. “He [Trump] there will be a stage to talk about policies, America First“, recalls the internationalist.
Source: www.brasildefato.com.br
