On 11 June 2020, in response to the Appeals Chamber’s decision, the US President issued Executive Order 13928 on Blocking Property of Certain Persons Associated with the International Criminal Court. That executive order showed that the USA was exempt from all international laws and treaties. The United States of America will not permit any of its institutions or nationals to face retaliation for any war crimes or abuses of human rights committed anywhere in the globe.
How long is the international community going to watch on the sidelines while the USA makes a mockery of UN treaties and the International Criminal Court (ICC) and its work?
The situation raises many questions but needs more answers.
The United States reserves the right for its military personnel to deviate from the law-and-order established by any country with which it is cooperating, whether in a military or civilian capacity. Furthermore, this situation makes the work of the ICC void whenever there is US involvement in any ongoing conflict.
“On 11 June 2020, in response to the Appeals Chamber’s decision, the US President issued Executive Order 13928 on Blocking Property of Certain Persons Associated with the International Criminal Court. The US Government declared it would revoke or deny visas to members of the ICC involved in investigations against US troops in Afghanistan or elsewhere and sanction any person “directly engaged in any effort by the ICC to investigate, arrest, detain, or prosecute any United States personnel without the consent of the United States.”
The special procedures of the Human Rights Council.
The latest US military expansion to Nordic countries will not be an exception. There should be talks in the Finnish and Swedish parliaments regarding the rights and responsibilities of foreign military personnel while located and operating within Nordic countries. These obligations should be viewed in conjunction with the guidelines provided and upheld by the International Criminal Court (ICC).
Above the law and order.
According to the decision on 11 June 2020 taken by the US government, it has made it clear that any local institution will not prosecute crimes committed by its military personnel. They would instead be handled by the US legal system even if the other party is to be a citizen or institution of any Nordic country.
Furthermore, all the Nordic countries, Denmark, Sweden, Norway, and Finland, are parties to ICC. This obligates them to follow and uphold the guidelines of the ICC. It is, therefore, unacceptable that a country that does not honor the standard procedures of ICC is given the right to establish its permanent military presence on Nordic soil.
When US military personnel or citizens commit crimes, the US can decide whether the case will be heard locally under local law and legislation or transferred to a US court. Additionally, in accordance with the statement by the US government, the Finnish justice system, for instance, would have to get permission from the US government to file charges against any US military personnel or civilians in the event that they commit crimes on Finnish soil.
“The US Government declared it would revoke or deny visas to members of the ICC involved in investigations against US troops in Afghanistan or elsewhere and sanction any person “directly engaged in any effort by the ICC to investigate, arrest, detain, or prosecute any United States personnel without the consent of the United States.”
The special procedures of the Human Rights Council.
Reputable past with human rights violations
The United States Military and its government have a long-lasting questionable reputation for committing human rights violations around the world. In case of such violations taking place on Finnish soil or elsewhere during military or government-level co-operation would the Finnish government adhere to the constitution of the ICC and report such violations? According to its agreement with ICC Finland would be obliged to do so. Also, it should furthermore try to prevent such actions to be further administered in the presence of duly representatives of the Finnish government.
The governments of Finland and Sweden have not yet taken any action to bring US military atrocities to the attention of the International Criminal Court (ICC) for investigation and, if required, prosecution. Considering the foregoing, Nordic governments are required to recognize their accountability and the fact that “association with a group that has a criminal objective results in criminal responsibility.”
Even though Executive Order 13928 of June 11, 2020 (Blocking Property of Certain Persons Associated With the International Criminal Court) was revoked on April 1, 2021 by JOSEPH R. BIDEN JR., President of the United States of America, it still leaves the concern of further conflict of interests between the USA and the International Criminal Court (ICC).
Furthermore, in contradiction to a statement made by Antony J. Blinken, secretary of state, the USA is not going to subject itself to the proceedings of the International Criminal Court (ICC).
“Our support for the rule of law, access to justice, and accountability for mass atrocities are important U.S. national security interests that are protected and advanced by engaging with the rest of the world to meet the challenges of today and tomorrow.”
April 2, 2021, Antony J. Blinken, secretary of state
When Finland and its Nordic allies are included in the list of nations that have blatantly committed crimes against humanity, only time will tell.
