Prosecutor’s Move in Afghan War Inquiry May Mean Clash With U.S.
But unwillingness by others to cooperate with her inquiry, Mr. Whiting said, would "make it very difficult for her to progress from the stage she is at now — sufficient evidence to justify opening an investigation — to actually
being able to charge anyone with crimes." An earlier version of this article misstated the action taken by the United States regarding the Rome Statute, the treaty that created the International Criminal Court.
20, 2017
The International Criminal Court’s chief prosecutor took an important step on Monday in pursuing a war-crimes case related to Afghanistan, requesting permission to investigate torture, rape
and other atrocities — including those possibly committed by Americans.
prosecutor’s investigation request is a strong signal to those who thought they could escape justice for serious crimes
in Afghanistan," Richard Dicker, international justice director at Human Rights Watch, said in a statement.
Ms. Bensouda said that based on a preliminary examination of evidence
that began in 2006, she had "determined that there is a reasonable basis to believe" that crimes had been committed by members of the Taliban and the Haqqani Network militant group; the Afghan National Security Forces; United States armed forces; and the Central Intelligence Agency.
Alex Whiting, a former prosecutor at the court who now teaches at Harvard Law School, said he believed
that Ms. Bensouda probably would focus first on suspected Taliban abuses because they constitute the majority of crimes.
If a panel of judges in the court, which is based in The Hague, grants her request, it will be the first possible prosecution of Americans
at the court, established 15 years ago to seek justice for victims of war crimes, crimes against humanity and genocide.
