ICC to probe US war crimes in Afghanistan?

The International Criminal Court (ICC) could soon open an investigation into war crimes and crimes against humanity in the Afghan war, including those allegedly committed by American troops, Foreign Policy magazine writes.

Citing “several knowledgeable sources,” maintain that the ICC’s chief prosecutor, Fatou Bensouda, could launch a comprehensive investigation into violations implicating US soldiers, Taliban insurgents and, possibly, the Afghan government within weeks.

It would be a first of its kind as the ICC has never considered pointing a finger at the American military for wrongful acts committed in Afghanistan. The report adds that a US delegation allegedly visited The Hague, host city to the ICC, to be instructed on the possible scope of the probe.

The US is not a signatory of the Rome Statute, the treaty that established the International Criminal Court.

Because the way each delegation voted was officially unrecorded, there is some dispute over the identity of the seven countries that voted against the treaty. It is certain that the People’s Republic of China, Israel, and the United States were three of the seven because they have publicly confirmed their negative votes.

But while Washington has long claimed that the ICC does not have jurisdiction over the US, and, therefore, its citizens are not subject to its rulings, the court argues that, since Afghanistan ratified the Rome Statute in February 2003, all crimes committed on its territory or by its nationals since, fall under its jurisdiction.

While the investigation will be well-timed to forgo the US presidential elections, it is expected to happen no later than the end of this year, Foreign Policy says.

To proceed, the prosecutor would have to establish that the allegations have not been properly dealt with by American authorities, but the ICC has already slammed US authorities responsible for oversight for being reluctant to bring serious charges against servicemen involved in the ill-treatment of detainees.

If all of the conditions are met, a three-judge panel would decide if the court will take on the issue, as no member-state, but only the prosecutor herself, has requested that the proceedings be launched, RT reported.

In December of 2014, a Senate report was released detailing the torture and abuse committed by CIA personnel at clandestine prison facilities set up by the US, ranging from waterboarding to heat deprivation.

But Africa is leading an exodus of countries who claim the court is biased. The announced withdrawal by three key African nations on charges that the court is pursuing a “racist” and “neo-colonial” agenda, is casting a shadow over the viability of the institution.

Some countries the UN’s General Assembly called for talks between the ICC and the African Union in hopes of addressing the continent’s concerns and reversing the decisions to leave by Burundi, South Africa and Gambia.

New Zealand’s UN Ambassador Gerard von Bohemen said “better engagement” with the AU and African nations is needed.

“At the same time, we must not panic,” von Bohemen said. Joao Vale de Almeida, the European Union’s UN envoy, put the challenge succinctly: “The world needs the ICC, and the ICC needs all countries to support it.”