ICC Prosecutor Requests Investigation Into U.S. Military, CIA for Alleged War Crimes in Afghanistan

The announcement marked the first time ICC Prosecutor Fatou Bensouda has gone after Americans for alleged war crimes and sets up a possible showdown with Washington. The United States is not a member state of the court, but its nationals can be charged with crimes committed in countries that are members.

The U.S. State Department said in a statement that it was reviewing Bensouda’s authorization request, but opposes the International Criminal Court’s involvement in Afghanistan.

“Our view is clear: an ICC investigation with respect to U.S personnel would be wholly unwarranted and unjustified,” the State Department said.

“More broadly, our overall assessment is that commencement of an ICC investigation will not serve the interests of either peace or justice in Afghanistan.”

As well as alleged crimes by American troops in Afghanistan, Bensouda wants to investigate the activities of CIA operatives in secret detention facilities in Afghanistan and other countries that are court members.