Letter to Mike Pompeo, Secretary of State - Representatives Elaine Luria and Mike Gallagher Lead 262 Colleagues to Send Letter to Secretary Pompeo Regarding the International Criminal Court

Letter

Dear Mr. Secretary:

In light of the recent International Criminal Court (ICC) decision to authorize the formal
investigation of American military personnel for war crimes, we write to you with strong
concern about potential consequences for the United States and our ally, Israel, should
prosecutions result.

As the world's only permanent international court, the ICC is intended as a court of last
resort for the prosecution of the most serious international crimes, yet both Democratic and
Republican administrations have refused to join the Court in part because they feared its
politicization and misuse. While we support the ICC's stated goal of ensuring accountability for
the gravest crimes of concern to the international community, the Court's recent announcements
are examples of how politics have been infused into the judicial process and distorted the
purposes for which the court was established.

The ICC is proceeding with its investigation of the United States and is considering a
similar decision with respect to Israel even though neither the United States nor Israel are
members of the ICC. The ICC does not enjoy legitimate jurisdiction in these cases. One of the
main principles of the ICC is that, first and foremost, individual states should try cases within
their jurisdiction while the ICC serves as a complementary institution which does not substitute
its decisions for those of individual nations. In instances when war crimes are committed, we
believe our nation and Israel are both able and willing to carry out investigations and prosecute
offenders without ICC involvement.

With respect to the possible case against Israel, we are concerned that those pressing for
action seek a court judgment in place of a negotiation process between Israelis and Palestinians.
The ultimate sustainable solution to the Israeli-Palestinian conflict lies in the resumption of
Israeli-Palestinian direct negotiations in pursuit of a two-state solution--not in the pursuit of
cases at the ICC. These cases distract from and undermine our efforts to get the parties back to
the table.

We urge you to marshal a diplomatic initiative with likeminded countries who are
members of the ICC to call on the ICC to cease its politically motivated investigations into the
United States and Israel. We look forward to working together to ensure the safety of Americans
and Israelis while also encouraging accountability and justice.

Source