International Criminal Court Prosecutor Eyeing War Crimes In Afghanistan
UNITED NATIONS — The prosecutor for the International Criminal Court said Wednesday he is collecting information on possible war crimes by NATO forces and the Taliban in Afghanistan.
Luis Moreno Ocampo said he is also conducting preliminary inquiries on possible war crimes in Georgia, Colombia, Kenya, Ivory Coast, and by Israeli forces in Gaza.
Ocampo told a briefing on the emerging international criminal justice system that he plans to open four new investigations in the next three years, but he refused to disclose any details.
The International Criminal Court, which began operating in 2002, is the world's first permanent war crimes tribunal. Afghanistan is one of the 110 countries that have ratified the Rome treaty which created the tribunal and are therefore legally bound by its provisions.
Under the treaty, the court can step in only when countries are unwilling or unable to dispense justice themselves for genocide, crimes against humanity or war crimes.
Ocampo said it has been "very difficult" to collect precise information about some of the alleged crimes, but his office has benefited from reports produced by non-governmental organizations who "arrived before us and provided information to us."
He said he has requested information from human rights groups and groups inside Afghanistan as well as the Afghan government – and would be "very open" to information from foreign governments.
Taliban fighters have been accused of many brutal killings. There have also been some accusations of U.S. forces in Afghanistan using excessive force and torturing prisoners.
He confirmed that allegations involved both the Taliban and NATO forces.
The Clinton administration signed the Rome Treaty establishing the court, but the Bush administration rescinded the U.S. signature, arguing that the court could be used for frivolous or politically motivated prosecution of American troops.
Asked whether any NATO soldier is now a potential target of the court if he or she commits a war crime in a country under the court's jurisdiction, he replied that NATO's legal adviser was at the court's headquarters in The Hague, Netherlands last week discussing this issue.
In the training NATO is doing, Ocampo said, it is explaining to colonels that in the future they could end up before the court if they commit atrocities.
"That is the most important (thing) because these massive atrocities are planned. So if those who are planning know they will be prosecuted, they will do something different," he said.
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EDITH M. LEDERER | 09/ 9/09 06:56 PM |