Comments
On November 20, 2017, the International Criminal Court (ICC) Prosecutor Fatou Bensouda issued a formal request to the Pre-Trial Chamber to begin an investigation into alleged war crimes and crimes against humanity committed in the context of the ongoing situation in Afghanistan. According to the press release, the Prosecutor believes there is a reasonable basis to believe the following crimes have occurred: “i. Crimes against humanity and war crimes by the Taliban and their affiliated Haqqani Network; ii. War crimes by the Afghan National Security Forces ("ANSF"), in particular, members of the National Directorate for Security ("NDS'") and the Afghan National Police ("ANP"), and iii. War crimes by members of the United States ("US") armed forces on the territory of Afghanistan, and by members of the US Central Intelligence Agency ("CIA") in secret detention facilities in Afghanistan and on the territory of other States Parties to the Rome Statute, principally in the period of 2003-2004.” If the Pre-Trial Chamber approves the request, the Prosecutor may begin the investigation, and, as mandated by the Rome Statute, “the Office's sole objective will be to independently, impartially and objectively investigate and prosecute alleged war crimes and crimes against humanity, committed in the context of the conflict in Afghanistan.”