Nato troops may face a war crimes inquiry over Afghanistan

Published on Thursday 10 September 2009 01:16

THE International Criminal Court is collecting information on possible war crimes by Nato forces and the Taleban in Afghanistan.

ICC prosecutor Luis Moreno Ocampo is also conducting preliminary inquiries on possible war crimes in Georgia, Colombia, Kenya, the Ivory Coast and by Israeli forces in Gaza.

Mr Ocampo told a briefing on the emerging international criminal justice system that he plans four new investigations in the next three years, but he refused to disclose details.

The International Criminal Court, which began operating in 2002, is the world's first permanent war crimes tribunal.

Afghanistan is one of the 110 countries that have ratified the Rome treaty which created the tribunal and, therefore, is legally bound by its provisions.

Under the treaty, the court can step in only when countries are unwilling or unable to dispense justice themselves for genocide, crimes against humanity or war crimes.

Mr Ocampo said it has been "very difficult" to collect precise information about some of the alleged crimes, but his office has benefited from reports produced by non-governmental organisations, who "arrived before us and provided information to us".

Mr Ocampo has requested information from human rights groups and groups inside Afghanistan as well as the Afghan government – and said that he would be "very open" to information from foreign governments.

Asked whether any Nato soldier is now a potential target of the court if he or she commits a war crime in a country under the court's jurisdiction, Mr Ocampo replied that Nato's legal adviser was at the court's headquarters in The Hague, in the Netherlands last week to discuss this issue.