Previous court ruling overturned: Afghan war crimes probe must go ahead, says ICC

THE HAGUE: The international war crimes judges Thursday ruled that a probe into wartime abuses in Afghanistan must go ahead, including looking into possible atrocities committed by the US forces, as they overturned a previous court ruling. The move was immediately hailed by the human rights organisation as a "pivotal moment" for victims of the central Asian country’s 18-year-war since the 2001 US invasion. The US government, which bitterly opposes the probe, did not immediately comment.

"Today’s decision is a pivotal moment for victimsin Afghanistan and beyond," said Guissou Jahangiri, deputy president of the International Federation for Human Rights. "The decision also sends a much-needed signal to current and would-be perpetrators of atrocities that justice may one day catch up to them," Human Rights Watch´s Param-Preet Singh added.

Pre-trial judges at the International Criminal Court last year rejected a demand by its chief prosecutor to open a full-blown probe into crimes committed in the war-torn nation. Prosecutors at The Hague appealed the move, saying that the judges made an error when they slapped down Fatou Bensouda´s request by saying although it met all the right criteria and a reasonable basis, it was "not in the interest of justice". The appeals judges agreed with the prosecution.

"The prosecutor is authorised to commence an investigation into alleged crimes committed on the territory of Afghanistan since May 1, 2003," ICC judge Piotr Hofmanski said. "It is for the prosecutor to determine whether there is a reasonable basis to initiate an investigation."

Pre-trial judges are only called upon to see if there is a reasonable basis for an investigation and not to "review the prosecutor´s analysis", he said.

In fact, the appeals judges said, prosecutors could even look into possible atrocities outside of Afghanistan if they were clearly linked to its armed conflict.

The ICC prosecutors previously said their investigation would include alleged war crimes by US Central Intelligence Agency operatives at detention facilities, referred to as "black sites" in ICC member countries like Lithuania, Poland and Romania.

At least 24 suspects were subjected to torture at these secret prisons between 2003 and 2004, the prosecutors said. In 2006, the ICC´s prosecutors opened a preliminary probe into possible war crimes and crimes against humanity in the central Asian nation since 2003.

In 2017 Bensouda asked judges to allow a full-blown inquiry, not only into Taliban and Afghan government personnel but also international forces, US troops and CIA members. But pre-trial judges then said it "would not serve the interests of justice" and that the court should focus on cases with a better chance of success.