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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