The International Criminal Court rejected a request to investigate alleged crimes against humanity and war crimes in Afghanistan.
In November 2017, ICC Prosecutor Fatou Bensouda requested authorization to investigate alleged war crimes and crimes against humanity in Afghanistan since May 2003.
Bensouda also wanted to investigate alleged war crimes closely linked to Afghanistan allegedly committed since July 2002 on the territory of other States Parties to the Rome Statute.
The judges decided that an investigation into the situation in Afghanistan at this stage would not serve the interests of justice.
The judges said that the current circumstances of the situation in Afghanistan would make the prospects for a successful investigation and prosecution extremely limited.
Despite the rejection, the judges said the request establishes a reasonable basis to consider that crimes within the ICC jurisdiction have been committed in Afghanistan. Potential cases would also be admissible before the Court.
The US had revoked the entry visa for Fatou Bensouda in April. The move was believed to be in response to the investigation which would involve actions of American soldiers.
The United States is one of the countries not to ratify or sign the Rome Statute, the treaty which created the ICC.
Following the judges’ decision, the Office of the Prosecutor said it will further analyse the decision and its implications, and consider all available legal remedies.
