The International Criminal Court’s (ICC) chief lead prosecutor Fatou Bensouda has filed a 17-page appeal document challenging the court’s rejection of a probe into war crimes in Afghanistan,arguing that it would not serve justice because an investigation and prosecution were unlikely to be successful as those targeted were not expected to cooperate.
According to the press reports, among issues Bensouda intends to challenge in the appeal is whether the pre-trial judges even have the power to reject her request based on what they determined to be “the interests of justice.”
Bensouda wrote that her request for an appeal is not simply disagreeing with the rejection, “but rather represents a legal issue of constitutional importance for the continued practice of the court as a whole.”
ICC prosecutors had identified the Taliban and its affiliates, members of the US armed forces and it’s CIA spy agency as well as local Afghan authority as potential perpetrators of crimes under the court’s statute.
Prosecutors had further pointed out that there were preliminary grounds to believe American forces committed war crimes in Afghanistan as well as in Various CIA detention facilities around the world in 2003 and 2004.
However, the Case triggered a harsh backlash from the hawkish administration of US President Donald Trump, which revoked back in April the entry visa of the ICC prosecutor and threatened to do the same against other court personal.
The move against the ICC’s lead prosecutor came less than a month after US Secretary of State Mike Pompeo announced restrictions on ICC staff who engaged in investigating America or allied personnel.