U.S. conduct in Afghanistan attracts ICC scrutiny

By David Bosco

I have a  piece up at Foreign Policy detailing the update by the ICC prosecutor’s office on the status of its Afghanistan examination. For the first time, the prosecutor has stated explicitly that U.S. forces may have committed war crimes in the country. While the court is still miles away from indictments of any U.S. soldier or civilian, the step it has taken is significant. Over at the Just Security blog, Ryan Goodman expertly analyzes some of the key legal questions embedded in the new ICC statements. Last night, I had a chance to ask the U.S. point person on global justice, Ambassador Stephen Rapp, about the new ICC report. My question and his response can be viewed here at approximately minute 37.

Update: For more reaction on this see this post at Lawfare from Ryan Vogel and a vigorous response from Kevin Jon Heller at Opinio Juris.

About David Bosco

Assistant Professor at American University's School of International Service. Contributing editor at Foreign Policy magazine. Author of Rough Justice: The International Criminal Court in a World of Power Politics and Five to Rule Them All: The UN Security Council and the Making of the Modern World
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