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.
The deliberate destruction of cultural heritage sites may amount to war crimes, a new resolution adopted by the UN Security Council says. Officials have warned of "cultural cleansing" in the Middle East, Asia and Africa.
The UN Security Council on Friday passed a resolution strengthening the protection of global cultural heritage sites threatened by conflicts, saying perpetrators could be prosecuted for war crimes.
The resolution urges nations to increase efforts to preserve historic monuments and sites in conflict zones. The onset of the 21st century witnessed attacks against global heritage sites increase significantly, including the destruction of the Bamiyan Buddhas in Afghanistan and Timbuktu's ancient shrines in Mali.
Previous efforts by the Council to safeguard cultural heritage focused on the illicit trafficking of looted cultural relics to fund terrorist activities in Iraq and Syria, where the "Islamic State" militant group destroyed UNESCO World Heritage sites, including Roman ruins at Palmyra.
However, Friday's resolution called for further international cooperation in investigations and prosecutions of individuals and groups committing attacks against cultural heritage sites, monuments and relics.
The resolution affirmed that "directing unlawful attacks against sites and buildings dedicated to religion, education, art, science or charitable purposes, or historic monuments may constitute, under certain circumstances and pursuant to international law, a war crime and that perpetrators of such attacks must be brought to justice."
UNESCO Director Irina Bokova described the resolution as "historic," saying it reflected the "recognition of the importance of cultural heritage for peace and security."
"Heritage is identity - it is belonging," Bokova told the Council after the resolution passed. "The deliberate destruction of heritage is a war crime - it has become a tactic of war, in a global strategy of cultural cleansing."
The resolution comes after the International Criminal Court in The Hague last year sentenced a Malian jihadist for the destruction of shrines and a mosque in the fabled city of Timbuktu.
On Monday, several countries, including France and Saudi Arabia, pledged $75.5 million for the protection of cultural heritage sites threatened by conflicts and terrorist attacks.
At the donor conference held in the Louvre museum in Paris, French President Francois Hollande said the destruction of cultural heritage added to the persecution of populations in conflict zones in the Middle East, Asia and Africa.
"[It's] the same objective: to break what was there before in order to kill hope afterwards, to eradicate human and cultural diversity," he said, vowing to raise $100 million for the protection of heritage sites by 2019.
This article was published on DW's website on March 25, 2017.