Afghan war crimes probe ‘advanced’, Libya a ‘priority’: ICC

THE HAGUE: A probe by the International Criminal Court into possible war crimes in Afghanistan has "advanced significantly", the chief prosecutor said on Thursday, also announcing she may for the first time investigate Jihadist atrocities in Libya.

Chief prosecutor Fatou Bensouda told the UN Security Council on Wednesday she would make Libya "a priority" next year due to "the widespread violence, lawlessness and impunity that currently prevails" there.

Her office will "expand investigations in 2017" in Libya and will "consider bringing charges for... alleged serious criminal activity" which may "potentially include alleged crimes committed by Daesh," she said, referring to the so-called Islamic State (IS) group.

Bensouda also told the UN in a speech she plans to apply for new arrest warrants for crimes arising out of the Libyan unrest and hopes to serve them "in the near future."

Such moves would be the first by the court -- set up in The Hague in 2002 to try the world´s worst crimes -- to target IS Jihadists who swept to power across a swathe of Iraq and Syria in 2014.

ICC investigations in Libya have mostly focused on crimes by the regime of former dictator Moamer Qadhafi, ousted in 2011. The court is pressing Libyan authorities to transfer Qadhafi´s son jailed Saif al-Islam to The Hague to face trial for crimes against humanity.

In a separate interview with the television station France 24 aired on Thursday, Bensouda revealed she will release a new report into all the court´s preliminary probes in the coming week.

But she refused to be drawn on reports she is planning to launch a full-blown investigation into alleged war crimes in Afghanistan that would put US soldiers under the court´s spotlight for the first time.

"What I can say about the situation currently is that we have advanced significantly in the preliminary investigation in... Afghanistan," Bensouda said.

During its lengthy initial probe only made public in 2007, the ICC has been looking into possible war crimes dating back to 2003 by the Taliban, Afghan government forces and international forces including US troops.

It is unlikely however, that any US troops will face prosecution as Washington has not ratified the tribunal´s Rome Statute, shielding its nationals from the court´s reach.

The news comes only weeks after three African nations announced in a stinging blow they were withdrawing from the court.

The ICC´s 124 member states are gearing for their annual meeting next week in The Hague, which is set to be dominated by the withdrawals.

But Bensouda told France 24 that while other African nations may follow Burundi, Gambia, South Africa and leave the tribunal: "I do not think this is a crisis, but it is a challenge."

"It doesn´t mean that the ICC will close down today or tomorrow, we will continue with the important work that we have been mandated to do."