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Excerpt: "On Monday, the International Criminal Court (ICC) made a formal request to investigate the U.S. military and Central Intelligence Agency (CIA) for alleged war crimes and crimes against humanity in Afghanistan."

Chief prosecutor of the ICC, Fatou Bensouda. (photo: Reuters)
Chief prosecutor of the ICC, Fatou Bensouda. (photo: Reuters)


ICC Makes Request to Investigate US for War Crimes in Afghanistan

By teleSUR

22 November 17


The U.S. armed forces and the CIA were named among targets, such as the Taliban, Haqqani network and the Afghan National Security Forces.

n Monday, the International Criminal Court (ICC) made a formal request to investigate the U.S. military and Central Intelligence Agency (CIA) for alleged war crimes and crimes against humanity in Afghanistan.

The chief prosecutor of the ICC, Fatou Bensouda, confirmed that United States forces and operatives would be implicated in the probe.

Bensouda detailed in her request that "information available provides a reasonable basis to believe" that U.S. military personnel and CIA operatives "committed acts of torture, cruel treatment, outrages upon personal dignity, rape and sexual violence against conflict-related detainees in Afghanistan and other locations, principally in the 2003-2004 period."

The investigation will focus on the alleged crimes committed in Afghanistan after May 1, 2003, and on other alleged crimes connected to non-terrestrial conflicts committed in other member states after July 1, 2002.

With regards to American targets, the investigation will zero in on the period spanning 2003 through 2004. The ICC can only investigate crimes committed in Afghanistan after its establishment date, 2002, the statement explained.

The U.S. armed forces and the CIA were named among targets, such as the Taliban, Haqqani network and the Afghan National Security Forces, that would be brought under a microscope regarding involvement in violations. The prosecutor said the groups are suspected of crimes "as part of a widespread and systematic campaign of intimidation, targeted killings and abductions of civilians."

The United States is not a member of the ICC and the court’s jurisdiction is bound to only member states. Former U.S. President Bill Clinton signed the Rome treaty that established the court, but President George W. Bush renounced the signature.

However, the United Nations Security Council can authorize extensions to non-member states, opening the door for U.S. citizens to be charged for crimes committed in member states.

Bensouda said, in the statement, that the alleged “war crimes by members of the United States armed forces” and CIA “secret detention facilities in Afghanistan” warrants an investigation.

This is Bensouda's first go at attempting to prosecute Americans for alleged war crimes.

The prosecutor had announced earlier this month, without fingering a guilty party, that “there is a reasonable basis to believe that war crimes and crimes against humanity have been committed” in Afghanistan.

“Furthermore, the Office has determined that there are no substantial reasons to believe that the opening of an investigation would not serve the interests of justice, taking into account the gravity of the crimes and the interests of victims,” Bensouda said.

No official deadline was given for the judges to respond to Bensouda’s request.

Richard Dicker, International Justice Director at Human Rights Watch, said the request "signals that victims there who have endured horrific crimes dating back to May 2003 may finally obtain some justice. The request to pursue abuses by all sides, including those implicating US personnel, reinforces the message that no one, no matter how powerful the government they serve, is beyond the law."


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