International Criminal Court advises on investigations into war crimes in Afghanistan

The Society for Threatened Peoples (STP) has called for more efforts to end impunity in connection with the serious human rights violations in Afghanistan. “We are very pleased that the International Criminal Court is planning to decide on preliminary investigations in Afghanistan soon. Without an end to impunity for war crimes and crimes against humanity, there will be no stability in the country – and the refugees will not be willing to return,” said Ulrich Delius, the STP’s director, in Göttingen on Friday. It would be possible to initiate proceedings against warlords, the Taliban, against Islamic State, the Afghan security forces, and against foreign soldiers. In 2017 alone, there were 156 attacks on humanitarian workers in Afghanistan that are to be considered war crimes.

On November 20, 2017, Fatou Bensouda, Chief Prosecutor of the International Criminal Court (ICC), had formally requested preliminary investigations into possible war crimes and crimes against humanity. The deadline for testimonies had expired on January 31, 2018. It would be possible to investigate torture, kidnappings, terrorist attacks, and mass executions – committed by state and non-state actors.

“We are eagerly awaiting the results of the preliminary investigations by the ICC. They could send an important signal to all conflict parties in Afghanistan – emphasizing that the era of impunity for crimes against humanity is over,” Delius stated. In 2007, the Afghan parliament had passed a controversial amnesty law in 2007 – and warlords such as General Abdul Rashid Dostum, people who were accused of torture and massacres, were able to hold government offices. Dostum had been named Vice President of the country in 2014, despite massive protests.

“In any case, the investigations will be difficult,” Delius fears, “because it is questionable whether Afghanistan’s authorities are willing to cooperate – and whether there will also be proceedings against US soldiers.” The US did not ratify the ICC statue, and is trying to block any attempts to hold US soldiers accountable. “With regard to the credibility of the ICC, it would be a good thing if there were initiatives to actively fight impunity, not only in Africa but also in Afghanistan,” said Delius. Many governments in Africa are criticizing the ICC for being too focused on conflicts in the African countries.

Header Photo: Heinrich-Böll-Stiftung via Flickr