Orlando Sentinel (Sunday)

Brand seeks help from high court

Set to hear challenge to law allowing trademarks considered “scandalous” or “immoral” to be refused.

- By Mike Corder

BRUSSELS — 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.

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 of Gambia 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.”

The decision comes a month after Secretary of State Mike Pompeo said Washington would revoke or deny visas to ICC staff seeking to investigat­e alleged war crimes and other abuses committed by U.S. forces in Afghanista­n or elsewhere.

Bensouda’s U.S. visa already has been revoked.

In a written statement, Pompeo pointed out that the rejection followed those measures: “I am glad the Court reconsider­ed its actions.”

Rights groups were not. Patrick Baudouin, president of the Internatio­nal Federation for Human Rights, called the rejection a “dark day for justice” and a “shocking decision, which is based on a deeply flawed reasoning.”

The request by Bensouda to open an investigat­ion said there is informatio­n that members of the U.S. 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 2003-2004 period.”

She also said that the Taliban and other insurgent groups have killed more than 17,000 civilians since 2009, including some 7,000 targeted killings.

She alleged that Afghan security forces have tortured prisoners at government detention centers.

Meanwhile in Afghanista­n on Friday, the Taliban announced the start of the militant group’s spring offensive despite talking peace with the United States and ahead of a significan­t gathering of Afghans meant to discuss resolution­s to the protracted war and an eventual withdrawal of American troops from the country.

The insurgents released a lengthy missive in five languages, including English, saying the fighting would continue while foreign forces remain in Afghanista­n.

In a series of tweets later Friday, U.S. special peace envoy Zalmay Khalilzad condemned the announceme­nt as “reckless” and “irresponsi­ble.”

The announceme­nt is something the militant group does every year, even though Taliban attacks never really ceased during the harsh winter months. The insurgents carry out daily attacks targeting Afghan security forces and NATO troops, and inflicting staggering casualties, including among civilians. Most recently, a Taliban attack near the main U.S. air base in Afghanista­n killed three Marines on Monday.

The Taliban now hold sway over half the country.

 ?? PETER DEJONG/AP ?? Prosecutor Fatou Bensouda sought to examine possible crimes by U.S. forces, Afghan authoritie­s and the Taliban.
PETER DEJONG/AP Prosecutor Fatou Bensouda sought to examine possible crimes by U.S. forces, Afghan authoritie­s and the Taliban.

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