ICC clears way for probe of alleged Afghanistan war crimes

File picture: Peter Dejong/AP Photo.

File picture: Peter Dejong/AP Photo.

Published Mar 5, 2020

Share

The Hague - Prosecutors at the

International Criminal Court will investigate whether war crimes

were committed in Afghanistan by the Taliban, Afghan military

and US forces after an appeals panel said on Thursday the

"truth-seeking" inquiry should go ahead.

The ICC decision, which came days after the United States

agreed to pull its troops from the long-running conflict,

opens the way for prosecutors to launch a full

investigation, despite US government opposition.

"The appeals chamber considers it appropriate to...authorise

the investigation," presiding Judge Piotr Hofmanski said at the

court in The Hague. He said prosecutors' preliminary examination

in 2017 had found reasonable grounds to believe war crimes were

committed in Afghanistan and that the ICC has jurisdiction.

US Secretary of State Mike Pompeo quickly condemned the

decision as "a truly breathtaking action by an unaccountable

political institution, masquerading as a legal body".

"It is all the more reckless for this ruling to come just

days after the United States signed a historic peace deal on

Afghanistan – the best chance for peace in a generation," he

said.

"The United States... will take all necessary measures to

protect our citizens from this renegade, so-called court."

Afghanistan is a member of the ICC, though Kabul has argued

that any war crimes should be prosecuted locally.

The US government has never been a member of the court,

which was established in 2002. US President Donald Trump's

administration imposed travel restrictions and other sanctions

against ICC employees a year ago.

Prosecutor Fatou Bensouda wants to investigate possible

crimes committed between 2003 and 2014, including alleged mass

killings of civilians by the Taliban, as well as the alleged

torture of prisoners by Afghan authorities and, to a lesser

extent, by U.S. forces and the CIA.

"The many victims of atrocities committed in the context of

the conflict in Afghanistan deserve to finally have justice,"

Bensouda said after the ruling. "Today they are one step

closer."

Uncertain chances

A pre-trial panel last year had rejected her request to open

an investigation. It argued that the odds of success were low,

given the passage of time and the lack of cooperation from Kabul

and Washington, and said that an investigation would not "serve

the interests of justice."

ICC prosecutors' initial examination concluded there was a

"reasonable basis to believe" US forces had committed "crimes

of torture, outrages upon personal dignity and rape and other

forms of sexual violence". The examination cited cases in

Afghanistan as well as at secret Central Intelligence Agency

facilities in Poland, Romania and Lithuania.

Human rights groups welcomed Thursday's ruling.

"Too many ICC states have cooperated with the US to set up

the global torture programme, we now call on these same states

to cooperate with the ICC prosecutor's investigation," said

Katherine Gallagher of the Center for Constitutional Rights.

US forces and other foreign troops entered Afghanistan in

2001 after the Sept. 11 al Qaeda attacks on the United States,

and overthrew the Taliban government, which had been protecting

al Qaeda leader Osama bin Laden.

In what has become the United States' longest war, about

13 000 US troops remain in Afghanistan.

The United States and the Taliban signed an agreement on

Saturday to withdraw thousands of US troops, but Washington

carried out an air strike on Taliban fighters on Wednesday.

The ICC was set up to prosecute war crimes, genocide and

crimes against humanity. It has jurisdiction only if a member

state is unable or unwilling to prosecute atrocities itself.

Reuters

Related Topics: