On November 3, the chief prosecutor of the International Criminal Court (ICC) informed the court’s Pre-Trial Chamber, “[T]here is a reasonable basis to believe that war crimes and crimes against humanity have been committed in connection with the armed conflict in Afghanistan.”
In what Amnesty International’s Solomon Sacco called a “seminal moment for the ICC,” Chief Prosecutor Fatou Bensouda asked the court for authorization to commence an investigation that would focus on US military and CIA leaders, as well as Taliban and Afghan officials.
Bensouda wrote in a November 14, 2016, report that her preliminary examination revealed “a reasonable basis to believe” the “war crimes of torture and ill-treatment” had been committed “by US military forces deployed to Afghanistan and in secret detention facilities operated by the Central Intelligence Agency, principally in the 2003-2004 period, although allegedly continuing in some cases until 2014.”
The chief prosecutor noted the alleged crimes by the CIA and US armed forces “were not the abuses of a few isolated individuals,” but rather were “part of approved interrogation techniques in an attempt to extract ‘actionable intelligence’ from detainees.” She added there was “reason to believe” that crimes were “committed in the furtherance of a policy or policies … which would support US objectives in the conflict of Afghanistan.”
In accordance with its Rome Statute, the ICC only asserts jurisdiction over people whose home country is unwilling or unable to bring them to justice. In explaining why this war crimes investigation falls under the ICC’s jurisdiction, Bensouda wrote that the US Department of Justice investigations regarding ill-treatment of 101 detainees were limited to whether interrogation techniques used by CIA…