After the prosecutor of the International Criminal Court (ICC) found a reasonable basis to believe that U.S. military and CIA leaders committed war c… - Marjorie Cohn

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After the prosecutor of the International Criminal Court (ICC) found a reasonable basis to believe that U.S. military and CIA leaders committed war crimes and crimes against humanity in Afghanistan, Team Trump threatened to ban ICC judges and prosecutors from the U.S. and warned it would impose economic sanctions on the Court if it launched an investigation... Once again, the Trump administration is threatening the International Criminal Court. Following the Appeals Chamber’s decision, Secretary of State Mike Pompeo declared, “This is a truly breathtaking action by an unaccountable political institution, masquerading as a legal body.” He added, “The United States is not a party to the ICC, and we will take all necessary measures to protect our citizens from this renegade, so-called court.” Pompeo is likely referring to the American Service-Members’ Protection Act... it says that if a U.S. or allied national is detained by the ICC, the U.S. military can use armed force to extricate the individual. Although this provision has not yet been utilized, the potential for its use is frightening.

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About Marjorie Cohn

Marjorie Cohn (born November 1, 1948) is an American professor emerita at the Thomas Jefferson School of Law, San Diego, California, former president of the National Lawyers Guild, a legal scholar, political analyst, & author of books and articles. She lectures throughout the world about US foreign policy, human rights, and the contradictions between the two.

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Gen. Barry McCaffrey noted, “We tortured people unmercifully. We probably murdered dozens of them during the course of that, both the armed forces and the CIA.” Maj. Gen. Antonio Taguba, who directed the Abu Ghraib investigation, wrote, “there is no longer any doubt as to whether the [Bush] administration has committed war crimes. The only question that remains to be answered is whether those who ordered the use of torture will be held to account." ...The Obama administration’s refusal to bring the torturers to justice sends a clear message to future administrations — including the incoming one — that they can use torture with impunity. Moreover, if the United States does return to the bad old days of torture, “what kind of message would that be to the world?” asked Nils Melzer, UN special rapporteur on torture. “If the United States does it, those other countries will know they can get away with it. The last thing the world needs is a US president legitimizing this.”

The Trump administration is seeking extradition of WikiLeaks founder Julian Assange to the United States for trial on charges carrying 175 years in prison... The treaty between the U.S. and the U.K. prohibits extradition for a “political offense.” Assange was indicted for exposing U.S. war crimes in Iraq and Afghanistan. That is a classic political offense. Moreover, Assange’s extradition would violate the legal prohibition against sending a person to a country where he is in danger of being tortured.

Two days before the High Court ruling,” U.S. Secretary of State Antony Blinken declared at the so-called Summit for Democracy, “Media freedom plays an indispensable role in informing the public, holding governments accountable, and telling stories that otherwise would not be told. The U.S. will continue to stand up for the brave and necessary work of journalists around the world.”
If Assange is tried, convicted and imprisoned for doing what journalists routinely do, it will send a chilling message to journalists that they publish material critical of the U.S. government at their peril.
But by vigorously pursuing Assange’s extradition, the U.S. is doing precisely the opposite. The prosecution of Assange is the first time a journalist has been indicted under the Espionage Act for publishing truthful information.

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