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                                                                                         WORLD NEWS Friday 6 december 2019
























            Exterior view of the International Criminal Court, or ICC, in The
            Hague, Netherlands, Wednesday Dec. 4, 2019.
                                                     Associated Press
            Prosecution: ICC judges

            were wrong to reject

            Afghan probe



            By MIKE CORDER               tion  that  members  of  the
            Associated Press             U.S.  military  and  intelli-
            THE  HAGUE,  Netherlands  gence  agencies  “commit-
            (AP) — International Crimi-  ted  acts  of  torture,  cruel
            nal  Court  judges  over-    treatment,  outrages  upon
            stepped their powers when  personal dignity, rape and
            they  refused  to  authorize  sexual  violence  against
            an  investigation  into  al-  conflict-related  detainees
            legations  of  widespread  in  Afghanistan  and  other
            abuses  by  government  locations, principally in the
            forces, the Taliban and U.S.  2003-2004 period.”
            military  and  intelligence  She  also  said  that  the  Tal-
            operatives  during  the  Af-  iban  and  other  insurgent
            ghanistan  conflict,  a  pros-  groups  have  killed  more
            ecution  lawyer  said  Thurs-  than  17,000  civilians  since
            day.                         2009, including some 7,000
            But  a  lawyer  representing  targeted  killings,  and  that
            Afghanistan at an ICC ap-    Afghan security forces are
            peals  hearing  countered  suspected of torturing pris-
            by saying that Afghanistan  oners  at  government  de-
            opposes  an  international  tention centers.
            investigation  and  should  But  in  a  decision  that  was
            be  allowed  to  prosecute  condemned  by  victims’
            war  criminals  in  its  own  organizations  and  human
            courts.                      rights  groups,  ICC  judges
            The  high-stakes  hearing  at  said in April that an investi-
            the  Hague-based  court  is  gation would not be in the
            focused on a proposed in-    interests of justice because
            vestigation  that  could  for  of a likely lack of coopera-
            lead  the  first  time  to  ICC  tion.
            indictments against Ameri-   Prosecution  lawyer  Helen
            cans  and  help  end  wide-  Brady  told  a  five-judge
            spread impunity for crimes  panel  at  Thursday’s  hear-
            in Afghanistan.              ing that the judges who re-
            However, it is extremely un-  jected Bensouda’s request
            likely that, even if the inves-  considered  factors  that
            tigation were to go ahead  were  outside  their  powers
            and  prosecutors  indicted  and  “gave  inadequate
            Americans,    they   would  consideration  to  the  grav-
            ever  appear  in  court.  The  ity  of  crimes  and  interests
            United  States  government  of victims.”
            is not a member of the ICC  Rodney  Dixon,  a  lawyer
            and  refuses  to  cooperate  representing  Afghanistan,
            with  it.  After  a  preliminary  told  the  hearing  that  the
            probe  that  lasted  more  country  opposes  the  pro-
            than a decade, the court’s  posed  investigation  and
            Prosecutor,  Fatou  Bensou-  has set up an international
            da,  asked  judges  in  No-  crimes  unit  to  prosecute
            vember 2017 to authorize a  cases  involving  insurgents
            far-reaching investigation.  and Afghan security forces
            She  said  there  is  informa-  in domestic courts.q
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