The
International Criminal Court (ICC) has authorised investigations into alleged
war crimes by US troops and Sunni fundamentalist group Taliban in Afghanistan,
triggering potential confrontation with the American government.
The decision on Thursday by the ICC Appeals
Chamber means that Prosecutor, Fatou Bensouda, can go ahead and investigate the
conduct of US troops since May 2003 when they entered Afghanistan ostensibly to
fight the Taliban.
It also means the Court had overturned an
earlier decision of a trial chamber which disallowed the probe after finding
that it could not serve justice.
“The Office will now proceed to conduct a
diligent and thorough investigation into this Situation. The investigation will
be independent, impartial and objective. This is what the Office is legally
mandated to do, and it is what we are committed to doing,” said Prosecutor
Fatou Bensouda, adding that there won’t be timeliness on how long
investigations could take.
“All the decisions that I, as Prosecutor, will
take will be strictly in accordance with my mandate, as stipulated in the Rome
Statute establishing the ICC,” she said in a statement.
But the move could bring tension with
Washington, which is not a member of the ICC and has a law that authorises its
security forces to rescue any of its nationals arrested and presented to the
ICC for trial.
The decision also comes just five days after
Washington announced a peace deal with the Taliban.
US Secretary of State Mike Pompeo immediately
released a statement warning that no US troops will be investigated.
“An ICC investigation with respect to US
personnel is illegitimate and unjustified. The United States will take the
necessary steps to protect its sovereignty and to protect our people,” Pompeo
said.
The Trump Administration had previously denied
Bensouda a visa to the US when she sought to travel there last year.
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