ICC in The Hague: Criminal court wants to investigate Taliban

As of: 09/27/2021 2:52 p.m.

The International Criminal Court wants to re-investigate crimes in Afghanistan as soon as possible. Chief Prosecutor Khan said he had filed an urgent motion. The focus should be on the Taliban and IS.

The chief prosecutor of the International Criminal Court (ICC) wants to investigate the militant Islamist Taliban and the terrorist group IS in Afghanistan because of possible war crimes. He had made an urgent application for readmission, said chief prosecutor Karim Khan.

Khan: Change of circumstances

The investigations were suspended last year at the request of the Afghan government and transferred to the national authorities. Khan said recent developments and the change of power in Afghanistan represented a fundamental change in circumstances. There is currently “no prospect of an honest and effective investigation in Afghanistan,” said Khan.

Focus on Taliban and IS group IS-K

If the request for resumption is granted, he wants to focus on acts of the Taliban and the Afghan IS-K group and, in view of the scarce resources, will therefore focus less on other crimes. The gravity and scope of the two groups’ ongoing crimes, including attacks on civilians, illegal executions, persecution of women and girls, and crimes against children, required a focus on these acts.

Special statute

The Rome Statute, the founding treaty of the Criminal Court, provides that the court in The Hague will only act if a state itself is unwilling or unable to seriously investigate or prosecute.

In March 2020, the judges allowed investigations to begin, and shortly afterwards the Afghan government applied for permission to take over the proceedings. The investigation, which also targeted alleged US crimes in Afghanistan, met with fierce opposition in Washington.

Because of fears that US soldiers could be charged in The Hague, the administration of then President Donald Trump had imposed sanctions on employees of the court.

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