THE HAGUE: International prosecutors and victims of violence in Afghanistan began a “historic” appeal on Wednesday against a decision to block a probe into war crimes that include possible offences by US forces. The International Criminal Court rejected a demand by its chief prosecutor in April to investigate crimes committed in the war-torn nation since 2003.
“This is a historic day for accountability in Afghanistan,” said Fergal Gaynor, a lawyer representing 82 victims, as a three-day hearing opened. The decision to deny prosecutors an investigation in Afghanistan “without exaggeration, denies victims everything”, she added. President Donald Trump´s administration has bitterly opposed an Afghan probe, threatening to deny visas to ICC members involved in investigating US troops. Earlier this year it revoked the visa of the ICC´s chief prosecutor, Gambian-born Fatou Bensouda. Trump´s personal lawyer Jay Sekulow will appear before the ICC to “defend the rights of US soldiers”, the American Center for Law and Justice said in a statement. ICC prosecutors opened a preliminary investigation in 2006 into war crimes and crimes against humanity committed in Afghanistan, and Bensouda requested a full-blown probe in 2017. But judges turned down the prosecutor´s request in April, saying it “would not serve the interests of justice” and that the court should focus on cases that had a better chance of success. Wednesday´s hearings opened with technical arguments to decide whether victims would be allowed to take part in the appeal. Rights groups denounced April´s decision to block an investigation as a blow for thousands of victims in the long-running conflict, warning that impunity could embolden perpetrators around the world.
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