International Criminal Court to investigate both sides in Afghanistan conflict

APPEALS JUDGES at the International Criminal Court gave the green light for prosecutors to open an investigation targeting the Taliban, Afghan forces and US military and intelligence personnel for war crimes and crimes against humanity.

The global court upheld an appeal by prosecutors against a pretrial chamber’s rejection in April last year of prosecutor Fatou Bensouda’s request to open a probe in Afghanistan.

Pre-trial judges last year acknowledged that widespread crimes have been committed in Afghanistan, but rejected the investigation saying it would not be in the interests of justice because the likely lack of cooperation meant convictions would ultimately be unlikely.

That decision drew fierce criticism from human rights organisations who said it neglected the desire of victims to see justice in

Afghanistan and rewarded states that refused to cooperate with the Hague-based court.

It remains to be seen if any suspects eventually indicted by prosecutors will appear in court in The Hague. Both Afghanistan and the United States have strongly opposed the investigation.

After a preliminary probe in Afghanistan that lasted more than a decade, Ms Bensouda asked judges in November 2017 to authorise a far-reaching investigation.

She said there is information that members of the US military and intelligence agencies “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 20032004 period”.

She also said the Taliban and other insurgent groups have killed more than 17,000 Afghan civilians since 2009, including some 7,000 targeted killings, and that Afghan security forces are suspected of torturing prisoners at government detention centres.

Thursday’s ruling comes days after an ambitious peace deal was signed by the US and the Taliban.