Jamil Chad Bolsonaro’s stay in the USA makes the process in The Hague even more difficult 24.12.2022 08:38

If Jair Bolsonaro (PL) decides to stay in the US after leaving the Brazilian Presidency, this change could have an impact on the charges he faces before the International Criminal Court in The Hague.

This week, UOL It has been announced that the Brazilian player plans to spend a season in Florida. Initially, this trip may involve staying for a month or two. However, like other Bolsonaristas who never returned to Brazil, his decision to extend the trip would have the potential to cause obstacles in an eventual ICC investigation.

Bolsonaro is the target of at least five complaints about crimes against humanity and genocide in The Hague today, involving both the management of the pandemic and the plight of indigenous people in Brazil. The court’s lawyer is still considering whether to open an official investigation against the Brazilian.

But the truth is that the end of his term as president does not end international processes that have traditionally taken years.

Bolsonaro has already said he fears being arrested in Brazil once his term ends. But if he had stayed in the country, Bolsonaro would have fought in national courts against extradition to The Hague, because Brazil does not turn its citizens over to foreign courts. Despite this, the Brazilian state has an obligation to cooperate with the court, submit evidence and question Bolsonaro himself.

What would it change if Bolsonaro went to the USA? For diplomats, Bolsonaro’s stay on American soil may make it difficult to gather evidence against Brazil or even send him questions.

What is the relationship between the USA and the ICC?

• Although Bill Clinton’s Democratic government was part of the Treaty of Rome negotiations that formed the ICC, the United States did not ratify the treaty and does not recognize the court’s jurisdiction.
• Within a few years, the relationship between Washington and The Hague changed. In 2002, under George W. Bush, the Americans “signed” the treaty. However, they still supported the court’s investigation into the genocide in Sudan.
• Some kind of cooperation, albeit limited, took place during the Obama administration. The White House has even provided information deemed necessary for some suspects to be prosecuted in The Hague. But as long as it doesn’t involve Americans or US interests.
• The situation was radically different when Donald Trump took office and even decided to impose sanctions on court officials, withdraw visas, and freeze the resources of court workers in US banks.

The measure was taken in retaliation after a lawsuit was filed against the US military in The Hague for suspected crimes in Afghanistan. The US government also does not tolerate the prosecution of Israel for crimes in the Palestinian territories.

And with Biden? The new US administration lifted sanctions on The Hague officials and hoped to restore cooperation between the White House and the ICC.

Washington delegations returned to the meetings and exchanged information, albeit limited, again. But the US government has made it clear that it continues to oppose any investigation into its activities abroad.

And how does this affect Bolsonaro? The absence of an automatic relationship between the White House and the ICC makes any cooperation by US authorities uncertain when it comes to a person on their territory.

Biden has been criticized for supporting investigations against Russia at the ICC in his war against Ukraine, but imposing restrictions on other cases.

For diplomats, this turbulent relationship between the Americans and The Hague will not facilitate a final process and information exchange, and every case will depend on negotiations.

And for Italy? If Bolsonaro chooses to stay in Italy, where he has far-right friends and ancestry, his situation may be more vulnerable in court. Unlike the USA, Rome is part of the ICC and cooperates with the court.