The judges also wrote that the prosecutor submitted material that appeared to catalog violations of international law by the C.I.A., including inflicting “extremely cruel, brutal and gruesome” physical and mental pain on its captives; refusing to let captives sleep, eat, drink and pray; as well as shaming captives through “acts of a sexual nature.”
Although the United States is not a member of the International Criminal Court, established nearly two decades ago, American governments have cooperated, or at least not interfered, with the court on some of its work in other investigations.
Americans suspected of having committed crimes in countries that are members of the court are potentially subject to prosecution. Afghanistan, Poland, Lithuania and Romania are all members.
Param-Preet Singh, associate director of the International Justice Program at Human Rights Watch, called the court’s decision a “devastating blow” to victims.
“The judges’ logic effectively allows states to opt out on their obligation to cooperate with the court’s investigation,” she said. “This sends a dangerous message to perpetrators that they can put themselves beyond the reach of the law just by being uncooperative.”
Guenael Metraux, a Swiss scholar who has also appeared before international tribunals in The Hague, said the court’s decision was self-destructive to its own authority.
“Judicially, this is the closest thing to a suicide,” he said. “It’s a catastrophically misguided surrender of responsibilities that will be painted by the U.S. administration as a resounding victory and perceived by others as a model on how to resist the court.”
Source Article from https://www.nytimes.com/2019/04/12/world/asia/icc-afghanistan-.html
Comments