International court says it’s ‘undeterred’ by US threats

Afghan rights workers warned Tuesday that a blistering US attack on the International Criminal Court investigating war crimes allegations will strengthen a climate of impunity in Afghanistan. (File Photo / AFP)
Updated 11 September 2018
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International court says it’s ‘undeterred’ by US threats

ISLAMABAD: Afghan rights workers warned Tuesday that a blistering US attack on the International Criminal Court investigating war crimes allegations will strengthen a climate of impunity in Afghanistan, prolong the war and embolden those committing acts of violence.
In a speech Monday, US National Security Adviser John Bolton said Washington would not cooperate with The Hague-based court and threatened it with sanctions, saying it put US sovereignty and national security at risk.
The CIA and US forces have been accused of committing war crimes in Afghanistan.
“It’s very unfortunate because delivering justice to victims will help to facilitate the peace process in Afghanistan,” said Sima Samar, head of Afghanistan’s Human Rights Commission. “Justice is not a luxury. It is a basic human right.”
In The Hague, the ICC said it will continue to do its work “undeterred,” despite Bolton’s condemnation.
The court said in a statement that it was established by a treaty supported by 123 countries. It says it prosecuted cases only when those countries failed to do so or did not do so “genuinely.” Afghanistan is a signatory.
During a three-month period that ended in January, the court received a staggering 1.7 million allegations of war crimes from Afghanistan, although some of those accusations involved entire villages.
Still, thousands of individual statements as well as those filed on behalf of multiple victims were received by the ICC in The Hague. The statements were collected by organizations based in Europe and Afghanistan.
Bolton’s speech came as an ICC judge was expected to announce a decision soon on a request from prosecutors to formally open an investigation into allegations of war crimes committed by Afghan national security forces, Taliban and Haqqani network militants as well as US forces and intelligence officials in Afghanistan since May 2003.
While the Bolton speech “was shocking in many parts,” Washington was not expected to embrace the investigation, said Amal Nasser, permanent representative of the International Federation of Human Rights to the ICC.
Still, “the ICC prosecutor has not hesitated before in demonstrating that it will prosecute major powers,” Nasser said.
“I think what the US is promoting is a sense of the ‘righteousness’ and being above the law,” she said in an email interview, noting the ICC has yet to decide whether there will be an investigation or its scope.
The 181-page prosecution request, dated November 2017, said “information available provides a reasonable basis to believe that members of United States of America armed forces and members of the Central Intelligence Agency committed acts of torture, cruel treatment, outrages upon personal dignity, rape and sexual violence against conflict-related detainees in Afghanistan and other locations, principally in the 2003-2004 period.”
Washington’s unequivocal rejection of the court seems likely to embolden Afghanistan’s US-backed government, which refused Tuesday to respond directly to Bolton’s outburst, but similarly dismissed war crimes allegations against Afghan National Security Forces as well as its intelligence agency.
President Ashraf Ghani’s deputy spokesman, Shahussain Murtazawi, said the Taliban, the Daesh affiliate and as many as 21 other anti-government groups have committed war crimes. He dismissed allegations against Afghan security forces, saying “government forces are always trying to save the people. It is the insurgents who are the killers of civilians.”
The prosecutor’s request says there is “a reasonable basis to believe that members of the Afghan National Security Forces (ANSF), in particular members of the National Directorate for Security (NDS) and the Afghan National Police (ANP), have engaged in systemic patterns of torture and cruel treatment of conflict-related detainees in Afghan detention facilities, including acts of sexual violence.”
For human rights activists in Afghanistan, Bolton’s assault dealt a punishing blow to their efforts to end a culture of impunity that has hampered efforts to bring those who committed crimes to justice.
“The solution to put an end to war is by making everyone accountable, whether it is the Taliban or the Haqqani network or whether it is the Americans or the Afghan army or Afghan government,” said Ehsan Qaane, of the Kabul-based Transitional Justice Coordination Group, which represents 26 organizations working in Afghanistan.
The coordination group helped many who wanted to file a claim with the international court.
Victims need to see justice done if they are to begin to heal, Qaane said. He added that some insurgents turned to the Taliban after being detained, tortured and released. Their fight is more about revenge than ideology, he said.
“These people will perhaps stop fighting if they feel they have justice,” Qaane said.
Samar said rights groups cannot dispense justice.
“There is a difference between a human rights defender and a judge,” thus the need for the ICC, she said in a telephone interview. “My concern is that to deny justice is to deny a basic human right and human dignity.”


UK warns dual nationals over travel to Iran, as France holds on envoy nomination

Updated 19 September 2018
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UK warns dual nationals over travel to Iran, as France holds on envoy nomination

  • Britain is seeking the release of Nazanin Zaghari-Ratcliffe, a project manager with the Thomson Reuters Foundation who was arrested in April 2016
  • France will not name a new ambassador to Tehran before getting information from Iran following a foiled plot to bomb an Iranian opposition rally in Paris in June

LONDON: Britain on Wednesday advised British-Iranian dual nationals against all but essential travel to Iran, tightening up its existing travel advice and warning it has only limited powers to support them if detained.

The advisory came in tandem with France’s decision to hold off on appointing a new ambassador to Iran, as it seeks clarification over an attempt to bomb an Iranian opposition rally in Paris in June

“The Foreign Secretary (Jeremy Hunt) has taken the decision to advise against all but essential travel by UK-Iranian dual nationals to Iran,” a foreign office spokeswoman said in an emailed statement.
“British citizens who also hold Iranian nationality face risks if they travel to Iran, as we have seen all too sadly in a number of cases. The Iranian government does not recognize dual nationality, so if a dual national is detained our ability to provide support is extremely limited.”
Earlier this month Britain’s Middle East minister Alistair Burt used a visit to Iran to discuss cases of detained dual nationals, alongside other diplomatic issues.
Britain is seeking the release of Nazanin Zaghari-Ratcliffe, a project manager with the Thomson Reuters Foundation who was arrested in April 2016 at a Tehran airport as she headed back to Britain with her daughter, now aged four, after a family visit.
She was convicted of plotting to overthrow Iran’s clerical establishment, a charge denied by her family and the Foundation, a charity organization that is independent of Thomson Reuters and operates independently of Reuters News.
Meanwhile, France will not name a new ambassador to Tehran before getting information from Iran following a foiled plot to bomb an Iranian opposition rally in Paris last June, French officials said on Wednesday.
An Iranian diplomat based in Austria and three other people were arrested on suspicion of plotting the attack on a meeting of the National Council of Resistance of Iran (NCRI).
Iran has said it had nothing to do with the plot, which it called a “false flag” operation staged by figures within the opposition group itself.
The incident has hit relations just as France and its European partners are seeking to salvage a 2015 nuclear agreement between Tehran and world powers.
France’s ambassador to Iran departed in the summer. Iran has also yet to replace its departed ambassador to Paris.
“We have a charge d’affaires today in Tehran and there is a high-level dialogue between French and Iranian authorities,” said a French presidential source.
“We are working together to bring to light what happened around this event ... I wouldn’t say there is a direct link (in not appointing an ambassador), but Iran has promised to give us objective facts in the coming weeks that would allow us to pursue our diplomatic relationship as it is today.”
A French diplomatic source said the nomination had indeed been suspended as a result of the alleged plot.
France’s Foreign Ministry in August told its diplomats and officials to postpone non-essential travel to Iran indefinitely, citing the plot and a hardening of Tehran’s attitude toward France, according to an internal memo seen by Reuters.
President Emmanuel Macron is likely to discuss the issue with Iranian President Hassan Rouhani when they meet on Sept. 25 on the sidelines of the UN General Assembly, the source said.
Along with Britain and Germany, France is trying save a 2015 agreement on Iran’s nuclear program, which was thrown into disarray when US President Donald Trump pulled out of the accord in May and re-imposed economic sanctions on Iran.
Even so, tensions between Paris and Tehran have grown in recent months as Macron and his government have become increasingly frustrated with Iran’s activities in the Middle East region, in particular its ballistic missile program.