The probe targets US, Afghan and Taliban forces as well as intelligence personnel.
The International Criminal Court (ICC) authorized on Thursday an investigation into possible war crimes and crimes against humanity committed in Afghanistan. The probe targets US, Afghan and Taliban forces as well as intelligence personnel.
The Hague-based international court upheld an appeal by prosecutors against a pretrial chamber’s rejection in April 2019 of Prosecutor Fatou Bensouda’s request to open an investigation in Afghanistan.
Pretrial judges last year acknowledged that widespread crimes have been committed in the war-torn Asian country, but rejected a probe because of the likely lack of international cooperation it would entail, meaning convictions would also ultimately be unlikely.
The rejection triggered criticism from human rights organizations who said the decision impeded justice for victims in Afghanistan and effectively rewarded countries that refused to collaborate with the ICC.
At a hearing in December, prosecutors argued that pretrial judges at the ICC abused their powers when they rejected the request last year to open a probe. The appeals judges then agreed to authorize an investigation.
“The Appeals Chamber considers it appropriate to amend the appealed decision to the effect that the prosecutor is authorized to commence an investigation into alleged crimes committed on the territory of Afghanistan since May 1, 2003, as well as other alleged crimes that have a nexus to the armed conflict in Afghanistan,” Presiding Judge Piotr Hofmanski said.
However, despite the authorization, it remains to be seen if any suspects eventually indicted by prosecutors will appear in court in The Hague.