International Prosecutor Seeks to Resume War Crimes Probe of US, Afghan Troops

DEN HAAG, The Netherlands – The Chief Prosecutor of the International Criminal Court on Monday asked the judges of the court for urgent clearance to reopen war crimes and crimes against humanity in Afghanistan “real and effective domestic investigation” in the country.

World Court judges approved an investigation into Prosecutor Karim Khan’s predecessor, Fatou Bensouda, in March last year. The investigation includes crimes allegedly committed by Afghan government forces, the Taliban, American troops and US intelligence officials dating back to 2002.

The decision to investigate Americans resulted in the Trump administration imposing sanctions on Bensouda, who stepped down this summer after serving nine years in office.

The investigation was postponed last year after the Afghan authorities asked to take over the case. The ICC is a court of last resort established in 2002 to prosecute suspected atrocities in countries that cannot or will not bring perpetrators to justice – known as the principle of complementarity.

Khan said Monday that he would now focus on crimes committed by the Taliban and the Afghan affiliate of the Islamic State Group, adding that he would “condescend” other aspects of the investigation.

“The gravity, extent and continuity of the alleged crimes of the Taliban and the Islamic State, including allegations of indiscriminate attacks on civilians, targeted extrajudicial executions, persecution of women and girls, crimes against children and other crimes that affect the civilian population as a whole,” urged my office Focus and adequate resources if we are to construct credible cases that can be proven beyond doubt in the courtroom, “said Khan.

He specifically mentioned the August 26 attacks near Kabul airport during the chaotic evacuations after the Taliban came to power. Dozens of Afghans and 13 US soldiers were killed in the attacks.

Regarding his decision to no longer prioritize other aspects of the investigation, including allegations of American crimes, Khan said that his office “lives up to its responsibility for preserving evidence, as it emerges, and maintaining accountability efforts of the principle will promote “. of complementarity. “

In 2016, before seeking clearance to open a full investigation in Afghanistan, ICC prosecutors said in a report that US forces and the CIA may have tortured and ill-treated people in detention centers in Afghanistan, Poland, Romania and Lithuania.

The investigation was originally aimed at allegations of crimes committed by forces of the Afghan government at the time.

Patricia Gossman, assistant director for Asia at Human Rights Watch, told The Associated Press that it was “a really disturbing statement by the prosecutor to say that the investigation will only prioritize some of the conflicting parties – and especially those that appear to be completely ignored.” . very serious allegations against the US armed forces and the CIA. “

She said that “the impunity for this and other crimes of the former Afghan government is one reason why we are where we are in Afghanistan today”.

Then-US Secretary of State Mike Pompeo announced last year the decision to impose sanctions on Bensouda and one of its key collaborators in investigations against the United States and its allies, saying of the court: “We will not tolerate his wrongful attempts, Americans his Jurisdiction. “

Khan had already made Afghanistan aware that he was closely monitoring the country after the Taliban came to power. He said on Monday: “I remain determined to use the appropriate and available resources that are available to me to ensure independent and impartial investigations. Victims and survivors in Afghanistan deserve no less. “

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