International court judges reject Afghanistan investigation

In a decision decried as a "devastating blow for victims," International Criminal Court judges on Friday rejected a request by the court's prosecutor to open an investigation into war crimes and crimes against humanity in Afghanistan and alleged crimes by U.S. forces linked to the conflict.

In a lengthy written ruling, judges said an investigation "would not serve the interests of justice" because an investigation and prosecution are unlikely to be successful as those targeted, including the United States, Afghan authorities and the Taliban, are not expected to cooperate, the court said in a statement.

The decision does acknowledge that the November 2017 request from Prosecutor Fatou Bensouda to open a probe "establishes a reasonable basis to consider that crimes within the ICC jurisdiction have been committed in Afghanistan and that potential cases would be admissible before the Court."
Her request to open an investigation said there is information that members of the U.S. military and intelligence agencies "committed acts of torture, cruel treatment, outrages upon personal dignity, rape and sexual violence against conflict-related detainees in Afghanistan and other locations, principally in the 2003-2004 period."
Human Rights Watch slammed the ruling, calling it "a devastating blow for victims who have suffered grave crimes without redress."