US Secretary of State Mike Pompeo on Sept. 2 announced economic sanctions against the chief prosecutor of the International Criminal Court (ICC), Gambian lawyer Fatou Bensouda. Characterizing the ICC as "a thoroughly broken and corrupted institution" and noting that the United States is not a member of the court, having never ratified the Rome Statute, Pompeo condemned what he called the ICC's "illegitimate attempts to subject Americans to its jurisdiction," referring to Bensouda's investigation into possible war crimes committed by US forces in Afghanistan.
Nobody has less patience than CounterVortex with the kneejerk squawking of "McCarthyism" any time new revelations of Moscow misdeeds emerge. Unlike all too many on the "left," we have no illusions about Russia's increasingly fascist direction, or its obvious designs on the political process in the United States in favor of Donald Trump. But we nonetheless must register our skepticism about the claims that Russia is arming the Taliban in Afghanistan, and offering them a bounty to kill US troops. This makes little sense in terms of the regional alliances. Russia and the Taliban have traditionally been on opposite sides, and the mutual animosity between them was the basis for the post-9-11 rapprochement between Washington and Moscow. We also aren't sure why the Taliban would need any extra motivation to kill US soldiers—they seem quite sufficiently motivated on their own.
Gunmen stormed a memorial ceremony honoring a martyred leader of the Hazara Shi'ite minority in Afghanistan's capital March 6. Key politicians including chief executive Abdullah Abdullah were on hand for the commemoration of the Hazara Mujahedeen commander Abdul Ali Mazari, who was assassinated by the Taliban in 1995. At least 27 people were killed in the attack, and some 30 more wounded. Soon after the massacre, the Taliban issued a statement denying responsibility. Shortly after that, the Islamic State-Khorasan Province (ISKP) claimed the attack in a communique, and also asserted that the actual death toll was 150. An ISIS-claimed attack on the same ceremony last year saw a barrage of mortar fire that killed at least 11 people. The new attack comes just as a tentative "peace deal" with the Taliban is raising concerns for the fate of Afghanistan's ethnic and religious minorities. (Khaama Press, Defense Post, NYT, The Fortress)
The Appeals Chamber of the International Criminal Court (ICC) on March 5 unanimously approved an investigation into allegations of war crimes committed by both sides in the Afghanistan conflict. The investigation will focus on "alleged crimes committed on the territory of Afghanistan in the period since 1 May 2003, as well as other alleged crimes that have a nexus to the armed conflict in Afghanistan." The Pre-Trial Chamber had rejected a request to open an investigation last year, but the prosecutor appealed based on Article 15 of the Rome Statute. The appeal attempts to resolve the apparent disparity between Article 15, mandating investigations when a prosecutor provides a "reasonable basis to proceed," and Article 53, which allows the court discretion in the interest of justice.The Appeals Chamber’s decision overturned the Pre-Trial Chamber's ruling on the grounds that the determination that the investigation "would not serve the interests of justice" and was an abuse of discretion.
More than a year of US-Taliban negotiations bore formal fruit Feb. 29 with the signing in Doha of what is being called a "peace deal" by Washington's envoy Zalmay Khalilzad and Mullah Abdul Ghani Baradar, named as leader of the Islamist group. The pact calls for the US to withdraw its military forces from Afghanistan in 14 months if the Taliban fulfills its commitments under the agreement. Afghanistan's government must release 5,000 Taliban prisoners before March 10, after which the "intra-Afghan" talks are to start, with the aim of negotiating a permanent ceasefire. The signing of the pact follows a one-week "Reduction in Violence" by the Taliban. (Khaama Press, NPR, Al Jazeera)
Five months after Afghanistan's September presidential elections, a winner has finally been declared—the incumbent, Ashraf Ghani. But hours after the announcement, rival Abdullah Abdullah declared himself the victor, claiming irregularities in the vote and calling the results "national treason." Abdullah, who still serves as chief executive (a separate post from president) has issued a decree barring all election commission workers from leaving the country. The showdown portends a divided government just as US is attempting to broker a withdrawal agreement with the Taliban, ostensibly to be followed by "intra-Afghan talks" between the Taliban and the government in Kabul. (The Guardian, Al Jazeera, CNN)
A spokesman for the UN Office of the High Commissioner for Human Rights (OHCHR) said Nov. 19 that he is "very concerned" by President Donald Trump's pardons of two US army officers and the restoration of rank of a Navy SEAL. The president last week granted full pardons to Army First Lieutenant Clint Lorance and Army Major Mathew Golsteyn, and restored Special Warfare Operator First Class Edward Gallagher to his previous rank of chief petty officer. Rupert Colville, spokesman for the OHCHR, said the pardons sent "a disturbing signal to militaries" around the globe, noting that international law requires the investigation and prosecution of war crimes, and that the pardons "simply void[ed]" the legal process. Colville was "particularly troubled" by the pardon issued to Golsteyn, who was still awaiting trial on charges of murdering an unarmed Afghan man during his deployment in 2010.
Human Rights Watch said on Oct. 31 that US Central Intelligence Agency-backed Afghan forces have committed summary executions, disappearances, attacks on medical facilities, and other "grave" offenses. These paramilitary forces are officially under the Afghan National Directorate of Security (NDS), but have been recruited, trained, equipped and overseen by the CIA. The CIA provides logistical support, as well as intelligence and surveillance for targeting during "kill-or-capture" operations. US special forces personnel, usually Army Rangers, often are deployed alongside the paramilitary forces.