THE PROSECUTOR OF THE INTERNATIONAL CRIMINAL COURT, FATOU BENSOUDA, REQUESTS JUDICIAL AUTHORISATION TO COMMENCE AN INVESTIGATION INTO THE SITUATION IN THE ISLAMIC REPUBLIC OF AFGHANISTAN.
The Situation in Afghanistan has been under preliminary examination by the Office of the Prosecutor since 2006. After a comprehensive and careful scrutiny of the information available to the Office, applying the applicable Rome Statute legal criteria, the Prosecutor has determined that there is a reasonable basis to proceed with an investigation of the Situation in Afghanistan.
As required by the Statute, the Prosecutor has, therefore, requested authorisation from Pre-Trial Chamber III, for an investigation into alleged crimes committed on the territory of Afghanistan in the period from 1 May 2003, as well as other alleged crimes linked to the armed conflict in Afghanistan and committed on the territory of other States Parties to the Statute, since 1 July 2002. The Court does not have jurisdiction over alleged crimes committed in the context of the Situation in Afghanistan before these cut-off dates.
As a result of its examination, the Office of the Prosecutor has determined that there is a reasonable basis to believe that the following categories of crimes within the Court's jurisdiction have occurred:
The Office has carefully assessed available information on any relevant, genuine national proceedings in relation to the conduct of these identified groups. In light of the gravity of the acts committed - the details of which are outlined in the Request - and the absence of relevant national proceedings against those who appear to be most responsible for the most serious crimes within this Situation, the Prosecutor considers that the potential cases that she has identified and that would arise from an investigation in this Situation, would be admissible pursuant to article 53(1)(b) of the Statute.
Furthermore, the Office has determined that there are no substantial reasons to believe that the opening of an investigation would not serve the interests of justice, taking into account the gravity of the crimes and the interests of victims.
Today, as per the applicable rules, the Prosecutor also notified victims or their legal representatives, of her intention to request authorisation to initiate an investigation in the Situation in Afghanistan informing them that they have until 31 January 2018 to submit representations to the Judges of Pre-Trial Chamber III on her Request.
If the Pre-Trial Chamber authorises the Prosecutor to begin an investigation, as mandated by the Rome Statute, the Office's sole objective will be to independently, impartially and objectively investigate and prosecute alleged war crimes and crimes against humanity, committed in the context of the conflict in Afghanistan.
Based on the evidence collected by the Office during the course of an investigation, if authorised, the Prosecutor can request ICC Judges to issue either summons to appear or arrest warrants, against those, as a rule, believed to be most responsible, no matter who the perpetrator, for alleged atrocity crimes committed in connection with the Situation in Afghanistan.
Published on the ICC on November 20, 2017.
ICC prosecutor urges handover of Al-Saiqa brigade commander, others wanted for alleged crimes in Libya
The International Criminal Court has issued an arrest warrant for Major Mahmoud Mustafa Busayf al-Werfalli, a commander in the Al-Saiqa Brigade accused of murdering 33 people in the context of the ongoing conflict in Libya, ICC Prosecutor Fatou Bensouda told the United Nations Security Council.
Addressing the Council in New York, the Prosecutor also urged the international community to turn over Al-Tuhamy Mohamed Khaled, former head of the Libyan Internal Security Agency, and Saif Al-Islam Gaddafi.
Mr. Busayf Al-Werfalli, is a commander in the Benghazi-based Al-Saiqa Brigade, who, according to Ms. Bensouda, has been – and possibly still is – active in the Libyan National Army’s (LNA) ‘Operation National Dignity.’
In her remarks to the Council, the ICC Prosecutor appealed directly to General Khalifa Haftar, head of the Libyan National Army, “to demonstrate, by concrete actions, respect for international justice by ensuring Mr al-Werfalli’s immediate transfer to the Libyan authorities so that he may be surrendered to the court without delay.”
“My Office continues to request States Parties, non-States Parties and organizations to assist in securing the arrest of persons subject to an ICC warrant,” Ms. Bensouda told the Council.
The call for accountability comes amidst continued concern over the security situation in Libya, which has been in conflict since a disputed election in 2014 following the 2011 toppling of long-time leader Muammar Gaddafi.
In recent months, Ms. Bensouda said she noted “with grave concern” reports of unlawful killings, including the execution of detained persons; kidnappings and forced disappearances; torture; prolonged detentions without trial or other legal process; and arbitrary detention, torture, rape, and other ill-treatment of migrants in official and unofficial detention centres.
Reports have also emerged that 36 male corpses were found in the totem of al-Abyar, outside of Benghazi.
“This is also of grave concern,” she said. “The bodies were reportedly handcuffed, showed signs of torture, and displayed bullet wounds to the head.”
The prosecutor also echoed Ghassan Salamé in condemning recent airstrikes in a residential neighbourhood in Derna that appear to have resulted in the tragic deaths of civilians, including at least 12 children and women.
Published on UN News Centre on November 8, 2017.