Doctrines of Impunity: John Bolton and the ICC

The Trump administration’s national security advisor John Bolton has never been a fan of international law, a concept he has found, at best, rubbery.  Any institution supposedly guided by its spirit was bound to draw the ire of both his temper and temperament.  Before members of the Federalist Society on Monday, Bolton took to the pulpit with a fury reserved for the unreflective patriot certain that his country, right or wrong, was above such matters.  “The United States will use any means necessary to protect our citizens and those of our allies from unjust prosecution by this illegitimate court.”

The wicked body, in this instance, is the International Criminal Court, established by the Rome Statute to try instances of genocide, war crimes and crimes against humanity, a “court of last resort” backed by 123 nations.

The instigation for such concern on Bolton’s part came from the ICC prosecutor Fatou Bensouda, who requested that the court investigate the commission of war crimes and crimes against humanity in Afghanistan from 2003 by forces including elements of the US military and intelligence services.  In doing so, she was moving the frame of reference beyond a continent that has featured all too readily in the court’s prosecutions: Africa.

Bolton was quick off the mark after the announcement in 2017, with a blistering observation in the Wall Street Journal:

The Trump administration should not respond to Ms. Bensouda in any way that…

Read more