{"id":87152,"date":"2019-04-12T13:48:06","date_gmt":"2019-04-12T20:48:06","guid":{"rendered":"http:\/\/www.lankaweb.com\/news\/items\/?p=87152"},"modified":"2019-04-12T13:48:06","modified_gmt":"2019-04-12T20:48:06","slug":"icc-rejects-a-request-to-investigate-war-crimes-in-afghanistan","status":"publish","type":"post","link":"https:\/\/www.lankaweb.com\/news\/items\/2019\/04\/12\/icc-rejects-a-request-to-investigate-war-crimes-in-afghanistan\/","title":{"rendered":"ICC rejects a request to investigate war crimes in Afghanistan"},"content":{"rendered":"<h2><span style=\"color: #0000ff;\"><em>Courtesy BBC News<\/em><\/span><\/h2>\n\n\n<figure class=\"wp-block-image\"><img decoding=\"async\" src=\"https:\/\/ichef.bbci.co.uk\/news\/660\/cpsprodpb\/07BE\/production\/_106428910_tv052705691.jpg\" alt=\"US troops leading a wounded soldier to a helicopter in Afghanistan, May 2010\"\/><figcaption>Image captionJudges say Afghanistan&#8217;s current situation made the prospect for a successful investigation &#8220;limited&#8221;<\/figcaption><\/figure>\n\n\n\n<p>The International Criminal Court (ICC) has rejected its prosecutor&#8217;s request to investigate alleged war crimes in Afghanistan.<\/p>\n\n\n\n<p>Court judges highlighted instability and the lack of co-operation with investigators in the country.<\/p>\n\n\n\n<p>The ruling was hailed by US President Donald Trump as a &#8220;major international victory&#8221; but human rights group Amnesty International criticised it.<\/p>\n\n\n\n<p>It comes a week after the US revoked ICC prosecutor Fatou Bensouda&#8217;s visa.<\/p>\n\n\n\n<p>That was thought to have been in response to her request to investigate possible crimes committed by US forces in Afghanistan.<\/p>\n\n\n\n<p>Explaining their unanimous decision, the three ICC pre-trial chamber judges said such an investigation &#8220;would not serve the interests of justice&#8221;.<\/p>\n\n\n\n<p>Mr Trump said it was a victory &#8220;not only for these patriots, but for the rule of law&#8221;.<\/p>\n\n\n\n<p>In his statement,&nbsp;<a href=\"https:\/\/www.whitehouse.gov\/briefings-statements\/statement-from-the-president-8\/\">he called the ICC &#8220;illegitimate&#8221;<\/a>&nbsp;and said it would be met with a &#8220;swift and vigorous response&#8221; if it tried to prosecute citizens of the US or its allies.<\/p>\n\n\n\n<p>Amnesty said the refusal to investigate was a &#8220;shocking abandonment of victims&#8221; that would &#8220;weaken the court&#8217;s already questionable credibility&#8221;.<\/p>\n\n\n\n<p>Amnesty&#8217;s Biraj Patnaik said the decision would be seen as a &#8220;craven capitulation to Washington&#8217;s bullying&#8221;.<\/p>\n\n\n\n<ul class=\"wp-block-list\"><li><a href=\"https:\/\/www.bbc.co.uk\/news\/world-us-canada-47822839\">US revokes visa of war crimes court prosecutor<\/a><\/li><li><a href=\"https:\/\/www.bbc.co.uk\/news\/world-11809908\">What is the International Criminal Court?<\/a><\/li><\/ul>\n\n\n\n<p>ICC prosecutors have been examining alleged abuses committed by all parties in Afghanistan&#8217;s long conflict for more than a decade.<\/p>\n\n\n\n<p>A formal examination of potential crimes began in November 2017.<\/p>\n\n\n\n<figure class=\"wp-block-image\"><img decoding=\"async\" src=\"https:\/\/ichef.bbci.co.uk\/news\/624\/cpsprodpb\/AAAA\/production\/_106309634_aef8aff3-800c-4072-8b9a-724957768f12.jpg\" alt=\"ICC prosecutor Fatou Bensouda. File photo\"\/><figcaption>Image captionFatou Bensouda became the ICC prosecutor in 2012 and had her US visa revoked last week<\/figcaption><\/figure>\n\n\n\n<p>But while the court said there was &#8220;a reasonable basis&#8221; to believe crimes had occurred,&nbsp;<a href=\"https:\/\/www.icc-cpi.int\/Pages\/item.aspx?name=pr1448\">judges said Afghanistan&#8217;s current situation &#8220;make the prospects for a successful investigation and prosecution extremely limited&#8221;<\/a>.<\/p>\n\n\n\n<p>They also cited the long period that had passed since the investigation began in 2006, and said the court needed to &#8220;use its resources prioritising activities that would have better chances to succeed&#8221;.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">What is the ICC?<\/h2>\n\n\n\n<p>The court investigates and brings to justice people responsible for genocide, crimes against humanity and war crimes, intervening when national authorities cannot or will not prosecute.<\/p>\n\n\n\n<p>The ICC was established by a UN treaty in 2002, and has been ratified by 123 countries, including the UK.<\/p>\n\n\n\n<ul class=\"wp-block-list\"><li><a href=\"https:\/\/www.bbc.co.uk\/news\/av\/world-45670690\/why-is-the-international-criminal-court-under-attack\">Why is the ICC under attack?<\/a><\/li><li><a href=\"https:\/\/www.bbc.co.uk\/news\/world-africa-38826073\">African Union backs mass ICC withdrawal<\/a><\/li><\/ul>\n\n\n\n<p>However, several countries &#8211; including China, India, Russia and the US &#8211; have refused to join, while some African countries say the court is unfairly focused on Africans.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Why is the US opposed to it?<\/h2>\n\n\n\n<p>US administrations have long criticised the ICC, arguing its soldiers could become the subject of political lawsuits.<\/p>\n\n\n\n<p>President Bill Clinton signed the treaty establishing the court before the end of his term in office, but Congress never ratified it.<\/p>\n\n\n\n<p>While the UN at one point gave US troops immunity &#8211; after the country threatened to withdraw its troops from peacekeeping in Bosnia &#8211; this exemption was cancelled in June 2004, two months after pictures of US troops abusing Iraqi prisoners shocked the world.<\/p>\n\n\n\n<p>Last September&nbsp;<a href=\"https:\/\/www.bbc.co.uk\/news\/world-us-canada-45474864\">National Security Adviser John Bolton threatened the ICC with sanctions<\/a>&nbsp;if they pursued cases against US citizens.<\/p>\n\n\n\n<figure class=\"wp-block-image\"><img decoding=\"async\" src=\"https:\/\/ichef.bbci.co.uk\/images\/ic\/720x405\/p06ktlvq.jpg\" alt=\"\"\/><figcaption>Media captionBolton: &#8220;The ICC is dead to us&#8221;<\/figcaption><\/figure>\n","protected":false},"excerpt":{"rendered":"<p>Courtesy BBC News The International Criminal Court (ICC) has rejected its prosecutor&#8217;s request to investigate alleged war crimes in Afghanistan. Court judges highlighted instability and the lack of co-operation with investigators in the country. The ruling was hailed by US President Donald Trump as a &#8220;major international victory&#8221; but human rights group Amnesty International criticised [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":true,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5,10],"tags":[],"class_list":["post-87152","post","type-post","status-publish","format-standard","hentry","category-security","category-world"],"_links":{"self":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/87152","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/comments?post=87152"}],"version-history":[{"count":0,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/87152\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/media?parent=87152"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/categories?post=87152"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/tags?post=87152"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}