By Joseph A. Klein, CFP United Nations Columnist —— Bio and Archives--November 9, 2017
The International Criminal Court (ICC) Prosecutor, Fatou Bensouda, has decided to request authorization from ICC judges to commence a formal investigation into alleged war crimes and crimes against humanity linked to the conflict in Afghanistan. Allegations that U.S. military and CIA personnel committed acts of torture and other human rights abuses in connection with this conflict would presumably be deemed within the scope of such an investigation, if authorization is granted by the judges of the ICC's pre-trial chamber. War crimes and crimes against humanity allegedly committed by the Taliban and al Qaeda on Afghan territory would also be subjects of the investigation. The ICC would base its assertion of jurisdiction on the fact that Afghanistan is a State Party to the 1998 Rome Statute, the treaty under which the ICC was established. The ICC would argue that, irrespective of the fact that the United States is not a State Party to the Rome Statute itself, the ICC would have the authority to prosecute any war crime or crime against humanity committed by anyone - including U.S. personnel - within the territory of Afghanistan or of any other State Party to the Rome Statute.
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