TY - JOUR
T1 - The United States, the International Criminal Court, and Afghanistan
T2 - The Rupturing of Mutual Accommodation
AU - Robb, Kevin S.
AU - Patel, Shan
N1 - Publisher Copyright:
© 2020 Koninklijke Brill NV, Leiden.
PY - 2020
Y1 - 2020
N2 - In September 2018, then U.S. National Security Advisor John Bolton delivered a speech that ushered in a new, more aggressive era of U.S. foreign policy vis-à-vis the International Criminal Court (ICC). Washington's disapprobation over the ICC's interest in the alleged crimes of U.S. personnel in Afghanistan has been seen as the cause for this change. While this is certainly partly true, little attention has been paid to Fatou Bensouda's prosecutorial behaviour as an explanatory factor. Using the framework from David Bosco's Rough Justice, this article demonstrates that a distinct shift in prosecutorial behaviour occurred when Fatou Bensouda took over as Chief Prosecutor. In contrast to Luis Moreno Ocampo's strategic approach, avoidant of U.S. interests, Bensouda's apolitical approach directly challenged the U.S. This shift in prosecutorial behaviour ruptured the 'mutual accommodation' that previously characterised the ICC-U.S. relationship and, in turn, produced the shift in U.S. policy that now marginalises the Court.
AB - In September 2018, then U.S. National Security Advisor John Bolton delivered a speech that ushered in a new, more aggressive era of U.S. foreign policy vis-à-vis the International Criminal Court (ICC). Washington's disapprobation over the ICC's interest in the alleged crimes of U.S. personnel in Afghanistan has been seen as the cause for this change. While this is certainly partly true, little attention has been paid to Fatou Bensouda's prosecutorial behaviour as an explanatory factor. Using the framework from David Bosco's Rough Justice, this article demonstrates that a distinct shift in prosecutorial behaviour occurred when Fatou Bensouda took over as Chief Prosecutor. In contrast to Luis Moreno Ocampo's strategic approach, avoidant of U.S. interests, Bensouda's apolitical approach directly challenged the U.S. This shift in prosecutorial behaviour ruptured the 'mutual accommodation' that previously characterised the ICC-U.S. relationship and, in turn, produced the shift in U.S. policy that now marginalises the Court.
KW - Afghanistan
KW - International Criminal Court (ICC)
KW - Mutual accommodation
KW - Power politics
KW - Preliminary examinations
KW - Prosecutorial behaviour
KW - United States
UR - http://www.scopus.com/inward/record.url?scp=85096301139&partnerID=8YFLogxK
U2 - 10.1163/15718123-bja10029
DO - 10.1163/15718123-bja10029
M3 - Article
SN - 1567-536X
VL - 20
SP - 1068
EP - 1107
JO - International Criminal Law Review
JF - International Criminal Law Review
IS - 6
ER -