David Davenport: Will the U.S. Be Prosecuted in the International Criminal Court?
As if President Trump did not face enough legal challenges, there are now two threatened prosecutions of Americans at the International Criminal Court. First, the Palestinian territories have filed a complaint against both President Trump and Prime Minister Netanyahu over relocating Israel’s capital to Jerusalem. While an important matter for Middle Eastern politics, it’s difficult to see how this could be a criminal matter for the court. Second, the prosecutor is seeking authority to investigate whether the U.S. military is guilty of torture and other war crimes in Afghanistan. Although the U.S. is not a member of the court, Afghanistan, on whose territory the alleged crimes occurred, is. If either of these moves ahead, it would be the first time the ICC has sought to prosecute Americans and would set up a major confrontation between the U.S. and the court.