Five Take-Aways from the ICC’s Latest Bombshell Report

New post on Justice in Conflict

Five Take-Aways from the ICC’s Latest Bombshell Report by Mark Kersten A Reprieve-organized protest against US torture allegations (Photo: Val Kerry / Flickr CC) This year’s Report on Preliminary Examination Activities from the International Criminal Court (ICC) carried within it a number of fascinating – and crucial – details into who and what is falling under the ICC’s microscope. Below are five important takeaways that demonstrate and increasingly emboldened, provocative and courageous institution, not to mention one that really doesn’t look like it’s unfairly picking on Africa. U.S. Torture in Afghanistan The ICC’s examination into alleged atrocities committed in Afghanistan continues. In last year’s preliminary examination report, we saw the first-ever reference to the alleged “enhanced interrogation techniques” used by U.S. officials against Taliban forces, who are also under examination by the Court. American officials reacted coolly to the inclusion of torture allegations in the prosecutor’s last report, but it was back once again this year. Moreover, in a handful of hard-hitting paragraphs, the 2015 report laid down a challenge to U.S. officials to take allegations of torture – those investigated by the ICC as well as those outlined in the country’s own ‘Torture Memos’ – seriously. While the report takes note of the judicial actions against U.S. citizens allegedly responsible for war crimes and crimes against humanity in Afghanistan, it insists that those efforts have been insufficient. Specifically, the report points out that two cases that involved the deaths of detainees in CIA custody “did not result in any indictments or prosecutions” and that thirteen Department of Defence investigations “were administrative enquiries rather than criminal proceedings”. In short, the U.S. isn’t doing nearly enough to take accountability for these alleged abuses seriously and, if it doesn’t, the ICC may have no choice but to open an official Investigation. In perhaps its most devastating paragraph, the report suggested that it was no longer questioning whether war crimes had been committed by U.S. forces but how systematic those crimes were. It also evoked the long-term pain and suffering of victims: “The Office is assessing information relevant to determine the scale of the alleged abuse, as well as whether the identified war crimes were committed as part of a plan or policy. The information available suggests that victims were deliberately subjected to physical and psychological violence, and that crimes were allegedly committed with particular cruelty and in a manner that debased the basic human dignity of the victims. The infliction of ‘enhanced interrogation techniques’, applied cumulatively and in combination with each other over a prolonged period of time, would have caused serious physical and psychological injury to the victims. Some victims reportedly exhibited psychological and behavioural issues, including hallucinations, paranoia, insomnia, and attempts at self-harm and self-mutilation.” In short, the ICC has reprimanded the U.S. for not doing nearly enough in pursuing accountability for these alleged abuses and has taken the rather remarkable step of suggesting that the perpetration of torture in Afghanistan may not have been the work of ‘bad apples’ but a plan or policy orchestrated at senior levels of the Bush administration. Palestine and Israel The 2015 report marked the first time that the preliminary examination into alleged war crimes committed by Palestinian and Israeli factions in Gaza has been detailed in a report. The section on Palestine is worth reading in full. But one interesting fact stands out: “On 9 July 2015, the government of Israel announced that it had decided to open a dialogue with the Office over the preliminary examination.” In other words, Israel has decided to cooperate with the ICC’s examination of alleged crimes perpetrated in Palestine. While this has been previously reported in the media, it was welcome news to see it in the ICC’s report. Engaging the ICC, as I have suggested elsewhere, is a wise move on the part of the Israeli government. Read more of this post