"The threat it poses to American national sovereignty; and other deficiencies… render it illegitimate", Trump said. "Any attempt to target American, Israeli, or allied personnel for prosecution will be met with a swift and vigorous response".
According to the International Criminal Court, the request established a reasonable basis for investigation, however, the situation in Afghanistan has changed and much time has elapsed since the opening of the preliminary examination in 2006.
In addition, the International Criminal Court noted the lack of cooperation the prosecutor had received that could significantly complicate the process and severely affect its results.
Since the creation of the ICC, the United States has consistently declined to join the court because of what it said was its broad, unaccountable prosecutorial powers, and has threatened military action to free any American detained by the court.
Bensouda had begun a preliminary probe of US Army and CIA personnel involved in waterboarding and other forms of torture from December 2002 and March 2008 during interrogations of terror suspects.