International Court Approves Probe of US War Crimes in Afghanistan
An appellate panel of the International Criminal Court (ICC) ruled Thursday that an investigation leading to the potential prosecution of US officials for war crimes during Washington’s nearly two-decade-old war in Afghanistan can move forward.
Fatou Bensouda, the court’s Gambian-born chief prosecutor, whose US visa was revoked for her pursuit of the probe, praised Thursday’s ruling, stating, “Today is an important day for the cause of justice in Afghanistan.”
The ruling overturned a decision by ICC pretrial judges last year that a case involving crimes by the US and its puppet regime in Afghanistan “would not serve the interests of justice” because of the abject refusal of Washington and Kabul to cooperate. This decision was taken in the context of US threats of retaliation against the court, including economic sanctions and even the arrest of its members if the investigation was allowed to move forward.
The appeals judges ruled that last year’s decision was in contradiction to the ICC’s own statutes, holding that “It is for the prosecutor to determine whether there is a reasonable basis to initiate an investigation.” The appeals judges said that the pretrial panel had no business deciding whether the case served the “interests of justice,” but only whether there were grounds to believe that crimes had been committed and that they fell under the court’s jurisdiction.
The investigation is one of the first to be launched against a major imperialist power by the ICC, whose prosecutions have largely been limited to crimes committed by regimes and leaders in impoverished African countries. A preliminary investigation has also been launched into war crimes carried out by British forces in the US-led 2003 invasion of Iraq. Unlike the US, the UK is a signatory to the agreement establishing the international court.
The ICC’s prosecutors first opened a preliminary probe into crimes against humanity and war crimes in Afghanistan nearly 14 years ago.
US Secretary of State Mike Pompeo responded to Thursday’s ruling with the bellicose threats that have been the trademark of Washington toward the ICC since its founding by a decision of the United Nations in 2002. Describing the investigation as a “political vendetta” by an “unaccountable political institution masquerading as a legal body,” the secretary of state vowed that Washington would “take all necessary measures to protect our citizens from this renegade, unlawful so-called court.”
He characterized the ICC appeals judges’ ruling as “reckless” because it was issued after Washington had signed a so-called “peace deal” with the Taliban five days earlier. That agreement has already begun to unravel, with the US military carrying out air strikes against the Taliban after the Islamist movement launched multiple attacks on forces of Afghanistan’s US-backed puppet regime. The unstated assumption in Pompeo’s remarks is that “peace” in Afghanistan can be achieved only based on a cover-up of Washington’s crimes.
Asked whether the Trump administration would retaliate against the court, the secretary of state said that measures would be announced within “a couple of weeks about the path that we’re going to take to ensure that we protect American soldiers, sailors, airmen, Marines, our intelligence warriors, the diplomats that have worked for the State Department over the years to ensure that the ICC doesn’t impose… pressure on them in a way that doesn’t reflect the noble nature of the undertakings of every one of those Americans.”
https://www.globalresearch.ca/international-court-approves-probe-us-war-crimes-afghanistan/5705849