Afghanistan Analysts Network – English

Posts tagged: war crimes

war crimes

ICC Afghanistan Investigation Re-Authorised: But will it cover the CIA, ISKP and the forces of the Islamic Republic, as well as the Taleban?

Ehsan Qaane •

The judges of the International Criminal Court’s Pre-Trial Chamber II have ruled that the investigation into war crimes related to the conflict in Afghanistan – which was stalled for two and a half years – can be resumed. However, the authorisation relates to “all alleged crimes and actors that were subject to” a request made in […]

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The flag of the fallen Islamic Republic of Afghanistan among the flags of all the state parties at the International Criminal Court in The Hague. Photo: Ehsan Qaane, taken in March 2016, but an ICC spokesperson said, it still hangs there.

Delaying Justice? The ICC’s war crimes investigation in limbo over who represents Afghanistan

Ehsan Qaane •

Judges at the International Criminal Court (ICC) have still not made a decision to authorise, or not, the resumption of the court’s war crimes investigation in Afghanistan, ten months after the ICC Prosecutor urged them to expedite their approval. It means that, 16 years after the ICC began to look into Afghanistan, it has still yet to […]

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Conviction of an Afghan War Criminal: A trial years later and far from the scene

Ehsan Qaane •

A 76-year old Afghan has been convicted of war crimes in a Dutch court for crimes committed when he was a senior figure at the notorious Pul-e Charkhi prison in the 1980s. The court sentenced Abdul Razaq Arif to twelve years imprisonment for the crimes of arbitrary detention, cruel and inhuman treatment and assault on the personal […]

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Creating a Hierarchy of Victims? ICC may drop investigations into US forces to focus on Taleban and ISKP

Kate Clark •

The International Criminal Court’s Chief Prosecutor, Karim A A Khan, has asked the judges of the ICC’s Pre-Trial Chamber to authorise a resumption of investigations into alleged “atrocity crimes” committed in the context of the Afghan conflict, but only those ascribed to the Taleban and Islamic State in Khorasan Province (ISKP). As for crimes perpetrated […]

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A Quarter of Afghanistan’s Districts Fall to the Taleban amid Calls for a ‘Second Resistance’

Kate Clark • Obaid Ali •

In the last few weeks, the Taleban have captured scores of district centres across Afghanistan. In this report, we look at the general reasons for the success of the Taleban onslaught, before focusing on the north, which has seen a collapse of the Afghan National Security Forces (ANSF) of unprecedented speed and scale. The fall […]

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How to Investigate War Crimes? Kabul tells the ICC it is dealing with them, while the AIHRC pleads for help from the UN

Ehsan Qaane •

The saga of the stalled International Criminal Court (ICC) investigation into war crimes allegedly committed as part of the Afghan war continues. Following a high-level meeting in The Hague last month, the Afghan government is still dancing around the issue, as it reacts to competing pressure from the ICC, the United States (which does not […]

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A Request to Delay: Another Afghan government attempt to prevent an ICC war crimes investigation?

Ehsan Qaane •

The Afghan government has submitted a request to the ICC Office of the Prosecutor to defer the ICC’s investigations in Afghanistan, on the grounds that domestic investigations are taking place into alleged war crimes and crimes against humanity that occurred on Afghan soil. They argue this means there is no need for the ICC investigation. […]

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Photographs of some of the 5,000 victims forcibly disappeared by the PDPA government placed close to Pul-e Charkhi prison in Kabul where many mass graves have been discovered. Information about these victims has emerged as a result of Dutch investigations into war crimes and has brought solace to family members. Photo: Maina Abbasi/ December 2016

Afghan War Crimes Trials in The Netherlands: Who are the suspects and what have been the outcomes?

Ehsan Qaane •

At least six Afghan, or Afghan-Dutch, citizens have been investigated for war crimes and torture in Afghanistan by the Dutch authorities. Two were found guilty and received prison sentences, one was acquitted, one died during the investigation, one was investigated but released due to insufficient evidence, and the sixth is still under investigation. All were […]

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War Crimes Investigation in Afghanistan by the ICC: It’s happening. What will it mean?

Ehsan Qaane • Kate Clark •

The International Criminal Court (ICC) has authorised an investigation into war crimes and crimes against humanity occurring in Afghanistan since 2003, by the Taleban, and United States and Afghan government forces. The investigation will also cover crimes related to the Afghan conflict that took place on the territory of other ICC member states, thereby bringing […]

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Legal Arguments and War Crimes: the ICC Appeals Hearing on Afghanistan in Five Questions

Ehsan Qaane • Sari Kouvo •

The judges of the International Criminal Court’s Appeals Chamber are now deciding whether to authorise an investigation into war crimes and crimes against humanity allegedly perpetrated in Afghanistan. The court’s Pre-Trial Chamber decided in April to reject such an investigation. At the appeal hearing, everyone who spoke agreed that crimes severe enough for the ICC […]

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Presidential Pardons: Trump sets his seal on a record of US impunity in Afghanistan

Kate Clark •

Donald Trump has given a presidential pardon to three members of the American military for crimes they were accused or convicted of carrying out while on service in Afghanistan or Iraq. The pardons have raised questions as to whether there will be consequences for US behaviour on the battlefield and possibly also at the International […]

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Will the ICC Start an Investigation in Afghanistan after all? What we know so far about the ICC appeals hearing

Ehsan Qaane • Sari Kouvo •

After the startling rejection in April by the International Criminal Court (ICC) of the prosecutors’ request to launch an investigation into war crimes and crimes against humanity in Afghanistan, there has been a flurry of appeals by both prosecutor and victims. Some of these will be heard in December at the Appeals Chamber of the […]

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