Prosecution: ICC Judges Were Wrong to Reject Afghan Probe

THE HAGUE, Netherlands — International Criminal Court judges overstepped their powers when they refused to authorize an investigation into allegations of widespread abuses by government forces, the Taliban and U.S. military and intelligence operatives during the Afghanistan conflict, a prosecution lawyer and victims’ representatives said Thursday. 

But a lawyer representing Afghanistan at an ICC appeals hearing countered by saying that Afghanistan opposes an international investigation and should be allowed to prosecute war criminals in its own courts.

They were speaking on the second day of a hearing into the ICC prosecution office’s appeal against an April decision by a pretrial chamber to reject a proposed investigation in Afghanistan, saying it was not in the interests of justice.

The high-stakes hearing at the Hague-based court is focused on a proposed investigation that could for lead the first time to ICC indictments against Americans and help end widespread impunity for crimes in Afghanistan.

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