Tuesday, 25 June, 2019

World Criminal Court Rejects Probe Into US Actions In Afghanistan

Afghan National Army officers take part in a training exercise ICC rejects request to investigate war crimes in Afghanistan
Deanna Wagner | 14 April, 2019, 18:37

The International Criminal Court rejected petitions for it to investigate alleged war crimes committed by the United States in Afghanistan, the BBC reports.

According to a media release about the decision, the three judge panel "concluded that an investigation into the situation in Afghanistan at this stage would not serve the interests of justice".

After 18 months of debate, the ICC "rejected unanimously the request of the Prosecutor to proceed with an investigation for alleged crimes against humanity and war crimes, on the territory of in the Islamic Republic of Afghanistan", according to a Friday statement.

That was thought to have been in response to her request to investigate possible crimes committed by U.S. forces in Afghanistan.

This is a major global victory, not only for these patriots, but for the rule of law. Fatou Bensouda's United States visa was revoked over a possible probe involving American soldiers' actions since 2003 in the bloody Afghan conflict.

The Trump administration has taken a tough line against the ICC, which it is not party to, and threatened to deny visas for individuals responsible for investigating American forces. They dont. It is to suggest that a pro-American decision from the ICC is like. how to put it?. the 9th United States Circuit Court of Appeals ruling in favor of the Trump administration on anything.

"The judges' logic effectively allows states to opt out on their obligation to cooperate with the court's investigation", said Param-Preet Singh, the group's associate worldwide justice director.

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The US has said that it would not cooperate with the ICC and revoked Bensouda's visa to enter the country.

Public Prosecutor Fatou Bensouda attends the trial of Congolese warlord Bosco Ntaganda at the ICC (International Criminal Court) in the Hague, the Netherlands August 28, 2018.

"This is a vindication of the president's support for American sovereignty and a rejection of the idea that there can be accountability for American citizens by any authority other than American constitutional institutions", Bolton said.

Human rights groups warned that the decision would have repercussions well beyond Afghanistan.

U.S. President Donald Trump praised the decision.

The court's decision acknowledges that 680 of the almost 700 applications from victims "welcomed the prospect of an investigation aimed at bringing culprits to justice, preventing crime and establishing the truth".

While the judges said that it was reasonable to consider crimes had been committed in Afghanistan and would be admissible before the ICC, there were a number of conditions that led them to rule against opening an investigation. "This sends a unsafe message to perpetrators that they can put themselves beyond the reach of the law just by being uncooperative". She said that the groups allegedly responsible for possible crimes are the Taliban and other armed groups, Afghan forces, and US personnel. The long record makes clear that both Republican and Democratic presidents have understood that the treaty underlying the International Criminal Court wouldnt stand a snowballs chance in the Sudan of getting ratified by the United States Senate.