The International Criminal Court is investigating U.S. War Crimes, with a Huge Catch*

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The U.S. is not party to the ICC. But the ICC investigation is possible because Afghanistan has ratified the Rome Statute that underpins the court. This means that any crime carried out on its territory comes under ICC jurisdiction.

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The International Criminal Court is investigating U.S. War Crimes, with a Huge Catch*

By Tom Coburg

The International Criminal Court (ICC) is investigating the U.S. for alleged crimes committed during the post-9/11 occupation of Afghanistan. Specifically, the investigation is examining claims of torture and ill treatment. But there’s one big catch. It may not be able to examine some crimes because of insufficient evidence. Fortunately, these incidents aren’t hard to find.

The ICC report and potential U.S. war crimes

The U.S. is not party to the ICC. But the ICC investigation is possible because Afghanistan has ratified the Rome Statute that underpins the court. This means that any crime carried out on its territory comes under ICC jurisdiction.

A November 2016 report by ICC chief prosecutor Fatou Bensouda found [section 198c] that the following crimes allegedly occurred:

“War crimes of torture and related ill-treatment, by U.S. military forces deployed to Afghanistan and…

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