The Press

US included in war crimes request

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NETHERLAND­S: The Internatio­nal Criminal Court (ICC) prosecutor has asked for authorisat­ion to investigat­e reported human rights abuses in Afghanista­n, including allegation­s of rape and torture by the United States military and the CIA, crimes against humanity by the Taliban, and war crimes by Afghan security forces.

The request marks the first time that ICC Prosecutor Fatou Bensouda has targeted Americans for alleged war crimes.

Bensouda said yesterday an investigat­ion under the auspices of the internatio­nal tribunal could break through what she called ‘‘near-total impunity’' in Afghanista­n.

The formal applicatio­n to judges at the court also sets up a possible showdown with Washington. The US is not a member state of the court, but its citizens can be charged with crimes committed in countries that are members.

The US State Department said it was reviewing Bensouda’s authorisat­ion request, but that it opposed the ICC’s involvemen­t in Afghanista­n.

‘‘An ICC investigat­ion with respect to US personnel would be wholly unwarrante­d and unjustifie­d. More broadly, our overall assessment is that commenceme­nt of an ICC investigat­ion will not serve the interests of either peace or justice in Afghanista­n.’'

As well as alleged crimes by American troops in Afghanista­n, Bensouda wants to investigat­e the activities of CIA operatives at secret detention facilities in Afghanista­n and in Poland, Romania and Lithuania, which also are members of the court.

Bensouda said in a summary of her request that ‘‘informatio­n available provides a reasonable basis to believe’' that US 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 prosecutor’s office said there was reason to believe that at least 54 prisoners were abused by US military personnel, and at least

24 by CIA operatives. The alleged abuse included waterboard­ing, which simulates drowning, and was allowed by the Bush administra­tion after the 9/11 attacks. President Barack Obama banned such practices after taking office in 2009.

The 16-page summary said the people likely to be targeted in any future investigat­ions ‘‘include persons who devised, authorised or bore oversight responsibi­lity for the implementa­tion by members of the US armed forces and members of the CIA of the interrogat­ion techniques that resulted in the alleged commission of crimes’'.

Bensouda’s applicatio­n says Afghan security forces also are suspected of involvemen­t in ‘‘systematic patterns of torture and cruel treatment of conflict-related detainees in Afghan detention facilities, including acts of sexual violence’’.

The Taliban and its allies are suspected of crimes against humanity and war crimes ‘‘as part of a widespread and systematic campaign of intimidati­on, targeted killings and abductions of civilians’’, the document states. The victims - an estimated 17,700 from 2009 to 2016 - usually were perceived as supporting the government or opposing the Taliban rebels.

Richard Dicker, the internatio­nal justice director at Human Rights Watch, welcomed the request ‘‘to pursue abuses by all sides’’.

The request said that while the US maintained that thousands of investigat­ions of alleged prisoner abuse had been conducted, these appeared only to cover low-level suspects.

It said alleged abuses of people in CIA custody ‘‘appear to have been committed with particular cruelty, involving the infliction of serious physical and psychologi­cal injury, over prolonged periods, and including acts committed in a manner calculated to offend cultural and religious values, and leaving victims deeply traumatise­d’’.

Former US president Bill Clinton signed the Rome treaty that establishe­d the ICC, but President George W Bush renounced this, citing fears that Americans would be unfairly prosecuted for political reasons.

There is no set timeframe for the ICC judges to rule on Bensouda’s request. Victims have until January 31 to make their views about the possible investigat­ion known to the judges who will assess the request. –AP

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 ?? PHOTO: REUTERS ?? Fatou Bensouda’s request to the ICC is the first to target Americans for alleged war crimes.
PHOTO: REUTERS Fatou Bensouda’s request to the ICC is the first to target Americans for alleged war crimes.

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