Prosecutor seeks to investigate Afghan war crimes allegations – and claims of US torture - theguardian

Afghanistan
The ICC chief prosecutor, Fatou Bensouda, said in a report last year that the US military and the CIA may have committed war crimes by torturing detainees in Afghanistan between 2003 and 2014.

Her request comes after an unusually long preliminary process, which has dragged on for 10 years because of a lack of capacity at the court as well as lobbying from the Afghan government, which tried to block it. The Afghan president, Ashraf Ghani, met with Bensouda as late as September during the UN general assembly.

“For decades, the people of Afghanistan have endured the scourge of armed conflict,” Bensouda said. “Following a meticulous preliminary examination of the situation, I have come to the conclusion that all legal criteria required under the [ICC’s] Rome statute to commence an investigation have been met.”

The ICC, established in 2002, is the world’s first permanent court set up to prosecute war crimes, crimes against humanity and genocide. It cannot investigate offences committed before that date and has jurisdiction to prosecute only individuals, not institutions.

The next step is for a pre-trial chamber of judges to consider the prosecutor’s request, which human rights observers in Kabul believe they will.

Human Rights Watchsaid: “Having documented egregious crimes in Afghanistan that have gone unpunished over many years, we hope this step will open a path to justice for countless victims there,.”

The Afghan government has been hesitant to receive ICC delegations, and has pardoned perpetrators of possible war crimes. In a 2008 law, parliament granted near blanket amnesty for crimes committed in the conflict from 1979 to 2001. It also promised amnesty to current combatants willing to lay down arms and reconcile.

By design, the legislation also benefited current members of the Afghan government and parliament. - Read More

Prosecutor seeks to investigate Afghan war crimes ... - The Guardian