Judges reject Afghanistan probe; cite lack of cooperation - AP News

BRUSSELS (AP) — In a decision decried as “deeply flawed” and a “devastating blow for victims,” International Criminal Court judges on Friday rejected a request by the court’s prosecutor to open an investigation into war crimes and crimes against humanity in Afghanistan and alleged crimes by U.S. forces linked to the conflict.

In a lengthy written ruling, judges said an investigation “would not serve the interests of justice” because an investigation and prosecution were unlikely to be successful, as those targeted, including the United States, Afghan authorities and the Taliban, are not expected to cooperate, the court said in a statement.

Human Rights Watch slammed the ruling, calling it “a devastating blow for victims who have suffered grave crimes without redress.”

In a statement released by the White House, the Trump administration hailed the decision not to investigate U.S. personnel as “a major international victory, not only for these patriots, but for the rule of law.”

The ICC decision does acknowledge that the November 2017 request from Prosecutor Fatou Bensouda to open a probe “establishes a reasonable basis to consider that crimes within the ICC jurisdiction have been committed in Afghanistan and that potential cases would be admissible before the Court.”

In a written reaction, the court’s prosecution office said it “will further analyze the decision and its implications, and consider all available legal remedies.” - Read More

Judges reject Afghanistan probe; cite lack of cooperation - AP News