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The Lawfare Podcast
Lawfare Daily: Should the U.S. Sanction the ICC, with Nema Milaninia
Feb 3, 2025
Nema Milaninia, a former prosecutor at the International Criminal Court and current partner at King & Spalding, shares insights on recent U.S. sanctions targeting the ICC. She explores motivations behind these sanctions, addressing criticisms of the Court while defending its role in upholding international law. Milaninia argues that sanctions could harm the ICC's mission and impact global accountability efforts. The conversation delves into the implications for U.S. foreign policy and the existential threats posed to an already vulnerable institution.
44:12
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Quick takeaways
- The U.S. Congress and Trump administration’s sanctions against the ICC are politically motivated, highlighting divisions in bipartisan support for accountability.
- Sanctions could significantly impair the ICC's functionality, undermining its role in addressing international crimes and impacting global security frameworks.
Deep dives
Current Sanctions Legislation Status
The ongoing discussion highlights two primary tracks for sanctions against the International Criminal Court (ICC), spearheaded by the U.S. Congress and the Trump administration. One track includes sanctions through executive orders initially enacted during his first term, reinstated on his second term's first day, focusing on allegations concerning U.S. personnel in Afghanistan. The other involves legislative measures that recently gained traction, with a House bill supported by both Democrats and Republicans, aiming to solidify sanctions amid continued investigations into U.S. allies and personnel. However, as debates unfold, political dynamics complicate the movement of these bills, showcasing divisions even among party members regarding the effectiveness and appropriateness of such sanctions.
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