The United States threatened Monday to arrest and prosecute judges and other officials of the International Criminal Court if it moves to charge any American who served in Afghanistan with war crimes.
White House National Security Advisor John Bolton called the Hague-based rights body "unaccountable" and "outright dangerous" to the United States, Israel and other allies, and said any probe of U.S. service members and intelligence officials over alleged detainee abuse in Afghanistan — allegations the court is currently reviewing — would be "an utterly unfounded, unjustifiable investigation."
"In theory, the ICC holds perpetrators of the most egregious atrocities accountable for their crimes, provides justice to the victims, and deters future abuses," Bolton said.
"In practice, however, the court has been ineffective, unaccountable, and indeed, outright dangerous," he said.
"The United States will use any means necessary to protect our citizens and those of our allies from unjust prosecution by this illegitimate court," he said.
"If the court comes after us, Israel or other U.S. allies, we will not sit quietly," Bolton warned.
Bolton delivered his remarks Monday to the conservative Federalist Society in Washington.
He says that the court threatens the "constitutional rights" of Americans and U.S. sovereignty.
If such an inquiry goes ahead, the Trump administration will consider banning judges and prosecutors from entering the United States, put sanctions on any funds they have in the U.S. financial system and prosecute them in American courts.
In addition, the United States may negotiate more binding, bilateral agreements to prohibit nations from surrendering Americans to The Hague-based court.
The ICC, which is based in the Hague, has a mandate to prosecute war crimes, crimes against humanity and genocide.
President Bill Clinton signed the Rome Statute that established the court, but his successor, George W. Bush, renounced the signature, citing fears that Americans would be unfairly prosecuted for political reasons. Bush's successor, President Barack Obama, took some steps to cooperate with it.
