How can the ICC investigate possible war crimes in Afghanistan? | Inside Story

The International Criminal Court has authorised an investigation into accusations of war crimes in Afghanistan.
An appeal by the ICC’s chief prosecutor Fatou Bensouda was approved after being rejected last year.
Allegations of atrocities committed by U-S soldiers, the Taliban and Afghan forces will be investigated.
The torture of prisoners, sexual violence and the indiscriminate mass killing of civilians are among the claims the ICC wants to look into.
But the U.S. does not recognise the court’s authority and the White House has even imposed a travel ban on its judges.
So can justice be done in this war-torn country?
And are politics at play?

Presenter: Peter Dobbie

Guests
Mushtaq Rahim, founding member of the think tank, the Afghanistan Affairs Unit.
Shafiq Hamdam, Former Adviser to NATO’s Senior Civilian Representative in Afghanistan
Kevin Jon Heller, Law Professor at the University of Amsterdam and the Australian National University.

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In This Story: Afghanistan

Afghanistan, officially the Islamic Republic of Afghanistan, is a landlocked country at the crossroads of Central and South Asia. Afghanistan is bordered by Pakistan to the east and south; Iran to the west; Turkmenistan, Uzbekistan, and Tajikistan to the north; and China to the northeast.

Occupying 652,000 square kilometers (252,000 sq mi), it is a mountainous country with plains in the north and southwest. Kabul is the capital and largest city. The population is around 32 million, composed mostly of ethnic Pashtuns, Tajiks, Hazaras, and Uzbeks.

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In This Story: International Criminal Court

The International Criminal Court is an intergovernmental organization and international tribunal that sits in The Hague, Netherlands. The ICC is the first and only permanent international court with jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, war crimes, and the crime of aggression. It is intended to complement existing national judicial systems and it may therefore exercise its jurisdiction only when national courts are unwilling or unable to prosecute criminals.

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In This Story: Taliban

The Taliban or Taleban, who refer to themselves as the Islamic Emirate of Afghanistan, is a Deobandi Islamist movement and military organization in Afghanistan, currently waging war within the country. Since 2016, the Taliban’s leader has been Mawlawi Hibatullah Akhundzada.

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