09 March 2020
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"The Appeals Chamber of the International Criminal Court (ICC) in the Hague has upheld an appeal against the Pre-Trial Chamber’s decision not to authorise an investigation into alleged war crimes and crimes against humanity committed in the context of the conflict in Afghanistan. This paves the way for an independent investigation of abuses committed by US, Taliban and Afghan forces during the conflict.
Thousands of victims came forward to share their stories with the Prosecutor when she began her preliminary investigation, but in April 2019, the court ruled that the refusal of states to co-operate, the difficulty of gathering evidence in Afghanistan and the time that has elapsed since the alleged crimes meant that an investigation “would not serve the interests of justice”. The court had never previously rejected a Prosecutor’s request to open an investigation.
That decision, days after the Prosecutor’s US visa was revoked, was widely perceived to be a result of US pressure. The Prosecutor appealed against it, as did a group of around 100 victims. That appeal was upheld today – the first time the US has ever been held to account for alleged crimes committed during the ‘war on terror’ era. The Appeals Chamber also held that the ICC has jurisdiction over crimes committed by the CIA in black sites outside Afghanistan."
ICC authorises Afghanistan war crimes investigation (Reprieve, link)
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