ICC rejects Afghanistan war crimes probe | News | DW | 12.04.2019

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ICC rejects Afghanistan war crimes probe

The International Criminal Court said that despite "a reasonable basis" to consider war crimes committed in Afghanistan, there was little chance of a successful prosecution. Rights group Amnesty criticized the decision.

US military in Afghanistan

International Criminal Court (ICC) judges on Friday rejected a request by the court's chief prosecutor to open an investigation into possible war crimes and crimes against humanity committed in Afghanistan, including alleged violations by US forces. 

The Hague-based judges unanimously ruled that an investigation into alleged crimes "would not serve the interests of justice."

Chief Prosecutor Fatou Bensouda in 2017 asked judges to open a formal investigation into alleged war crimes committed by the Taliban, the Haqqani network, Afghan forces, the US military and the CIA.

Read more: How does the International Criminal Court answer criticisms that it is illegitimate?

The judges found that there was "a reasonable basis to consider that crimes within the ICC jurisdiction have been committed in Afghanistan and that potential cases would be admissible before the Court," according to a press release.

The allegations against the United States relate to torturing Taliban and al-Qaida prisoners in Afghanistan and at secret CIA detention facilities.

ICC prosecutors have also blamed the Taliban for some 17,000 civilian deaths from 2007 to December 2015, including "numerous attacks" on schools, hospitals and mosques. They also alleged that Afghan security forces have tortured prisoners at detention centers.

Afghanistan: The psychological legacy of war

US piles pressure on ICC

The United States has not ratified the ICC's Rome Statute, meaning any judicial proceedings were unlikely to lead to the arrest of CIA officers or US military personnel. However, Americans alleged to be involved in war crimes could have been subject to international arrest warrants. Afghanistan is a member of the ICC.

The court decision comes after US Secretary of State Mike Pompeo last month threatened to sanction and revoke the visas of ICC staff investigating possible US war crimes in Afghanistan. Bensouda's US visa already was revoked this month.

Limited chances of successful prosecution 

In making the decision not to move forward with the probe, ICC judges noted that "the lack of cooperation that the Prosecutor has received and which is likely to grow scarcer should an investigation be authorized hampering the chances of successful investigation and prosecution."

The judges also took into account the time elapsed since the ICC's preliminary examination was opened in 2006, the altered political situation in Afghanistan since then, and the need for the court to prioritize cases that have a better chance of succeeding given its limited resources.

"Notwithstanding the fact all the relevant requirements are met as regards both jurisdiction and admissibility, the current circumstances of the situation in Afghanistan are such as to make the prospects for a successful investigation and prosecution extremely limited," the court said.

  • Jalaluddin Haqqani (AP)

    Militant Haqqani Network - a brief history

    Remnants of the Afghan war against Soviets

    The Haqqani Network was formed by Jalaluddin Haqqani, who fought against Soviet forces in Afghanistan in the 1980s. In 1995, the Haqqani Network allied with the Taliban and the two groups captured the Afghan capital Kabul in 1996. In 2012, the US designated the group a terrorist organization. On September 4, 2018, the Taliban announced that Jalaluddin passed away after a long illness.

  • Madrassa Jamia (AP)

    Militant Haqqani Network - a brief history

    An Islamist ideologue

    Jalaluddin Haqqani was born in 1939 in the Afghan province Paktia. He studied at Darul Uloom Haqqania, which was founded in 1947 by the father of one of Pakistan's most prominent religious leaders, Maulana Sami ul Haq. Darul Uloom Haqqania is known for its alleged ties with the Taliban and other extremist groups.

  • Taliban Führer Jalaluddin Haqqani (picture-alliance/dpa)

    Militant Haqqani Network - a brief history

    Jalaluddin Haqqani as Taliban minister

    Jalaluddin was made minister for Afghan tribal affairs under the Taliban rule. He remained in the post until the US toppled the Taliban regime in 2001. After the Taliban leader Mullah Omar, Jalaluddin was considered the most influential militant figure in Afghanistan. Jalaluddin also had close links with the former al Qaeda leader, Osama bin Laden.

  • Afghanistan Taliban (Getty Images/AFP/J. Tanveer)

    Militant Haqqani Network - a brief history

    Where is the Haqqani Network based?

    Security experts say the command center of the group is based in Miranshah city of Pakistan's North Waziristan region along the Afghan border. US and Afghan officials claim the Haqqani Network is backed by the Pakistani military, a charge denied by Pakistani authorities. Washington says the group's fighters launch attacks on foreign and local troops and civilians inside Afghanistan.

  • Sirajuddin Haqqani Anführer des Haqqani Terrornetzwerkes in Pakistan (picture-alliance/dpa)

    Militant Haqqani Network - a brief history

    The Haqqani heir

    It is believed that Jalaluddin Haqqani died in 2015, but his group denied those reports at the time. The network is now headed by Sirajuddin Haqqani, Jalaluddin's son. Sirajuddin is also the deputy chief of the Taliban.

  • Superteaser NO FLASH Pakistan Terror Jalaluddin Hakkani (picture-alliance/dpa)

    Militant Haqqani Network - a brief history

    Who is Sirajuddin Haqqani?

    Although there isn't much credible information available about Sirajuddin Haqqani, security experts say he spent his childhood in the Pakistani city of Miranshah. He studied at Darul Uloom Haqqania, situated in Peshawar's suburbs. Sirajuddin is believed to be an expert on military affairs. Some analysts say Sirajuddin's views are more hard line than his father's.

  • Anis Haqqani Mitglied des Haqqani Netzwerks (picture-alliance/AP Photo/National Directorate of Security)

    Militant Haqqani Network - a brief history

    Anas Haqqani's death sentence

    One of Jalaluddin's sons is Anas Haqqani, whose mother hailed from the United Arab Emirates. He is currently in the custody of the Afghan government and is facing the death penalty. The Haqqani Network has warned Kabul of dire consequences if Afghan authorities hang Anas Haqqani.

  • Afghanistan Taliban Kämpfer (Getty Images/AFP/J. Tanveer)

    Militant Haqqani Network - a brief history

    How big is the Haqqani Network?

    Research institutes and Afghan affairs experts say the group has between three and ten thousand fighters. The network allegedly receives most of its funding from the Gulf countries. The Haqqani Network is also involved in kidnappings and extortion through which it funds its operations.

  • Afghanistan Osama Bin Laden und Ayman al-Zawahiri (picture-alliance/dpa/Ausaf Newspaper)

    Militant Haqqani Network - a brief history

    Ties with other militant groups

    The Haqqanis have close relations with other regional and international terrorist organizations such as al Qaeda, the Tehreek-i-Taliban Pakistan (TTP), Lashkar-e-Taiba and Central Asian Islamist groups. Jalauddin Haqqani was not only close to bin Laden, but also had ties with al Qaeda's current chief Ayman al-Zawahiri.

    Author: Atif Baloch


Abandoning victims

Amnesty International said the court's decision marked "a shocking abandonment of victims and will further weaken the court's credibility."

"Coming so closely on the heels of a series of unhinged attacks by senior US officials, and following long and unexplainable delays up to this point, the decision ultimately will be seen as a craven capitulation to Washington's bullying and threats," said Biraj Patnaik, South Asia director at Amnesty International.

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