Judges on the International Criminal Court ruled that investigations into alleged war crimes committed by the Taliban, Afghan military, and U.S. forces in Afghanistan can proceed.
The Thursday decision marked the first time the court has authorized prosecutors to open investigations into American forces and overturns a lower court ruling, clearing the way for Fatou Bensouda, the ICC’s chief prosecutor, to launch a full investigation.
In 2017, Bensouda asked the court to investigate U.S. troops, arguing there was evidence to prove they had “committed acts of torture, cruel treatment, outrages upon personal dignity, rape and sexual violence” in Afghanistan in 2003 and 2004. The request, however, was rejected.
“The Appeals chamber considers it appropriate to … authorize the investigation,” said presiding Judge Piotr Hofmanski on Thursday, adding that the prosecutor’s preliminary examination found reasonable grounds to believe war crimes were committed in the country.
Bensouda thinks there are grounds to open an investigation into alleged abuses committed as late as 2014, including the mass killings of civilians by the Taliban and the torture of prisoners by Afghan authorities as well as U.S. forces and the CIA. Last year, President Trump pardoned American service members accused or convicted of war crimes during the conflict and restored the rank of one.
The United States entered Afghanistan in 2001 after the Sep. 11 terrorist attacks and overthrew the Taliban government. Just days before the ICC’s ruling, the American officials signed a peace deal with the Taliban to withdraw troops from the country, which has already hit a few snags.
Because Washington, D.C., does not recognize the jurisdiction of the ICC, it’s possible that American authorities may refuse to cooperate with any investigations.
