THE HAGUE, Netherlands -- The prosecutor of the International Criminal Court asked judges Monday to authorize an investigation of reported human-rights abuses in Afghanistan.
The probe would include allegations of rape and torture by the U.S. military and CIA, crimes against humanity by the Taliban, and war crimes by Afghan security forces.
The request marks the first time that prosecutor Fatou Bensouda has targeted Americans for alleged war crimes. Bensouda said an investigation under the auspices of the international tribunal could break through what she called "near total impunity" in Afghanistan.
The prosecutor's formal application to judges at the court also sets up a possible showdown with Washington. The United States is not a member state of the court, but its citizens can be charged with crimes committed in countries that are members.
The U.S. State Department said in a statement that it was reviewing Bensouda's authorization request but opposes the International Criminal Court's involvement in Afghanistan.
"Our view is clear: an ICC investigation with respect to U.S. personnel would be wholly unwarranted and unjustified," the State Department said. "More broadly, our overall assessment is that commencement of an ICC investigation will not serve the interests of either peace or justice in Afghanistan."
In addition to allegations of crimes by American troops in Afghanistan, Bensouda wants to investigate the activities of CIA operatives in secret detention facilities in Afghanistan and in Poland, Romania and Lithuania, which also are members of the court.
Bensouda said in a summary of her request that "information available provides a reasonable basis to believe" that U.S. military personnel and CIA operatives "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."
The prosecutor's office said there was reason to believe that at least 54 detainees were abused by U.S. military personnel and at least 24 by CIA operatives.
The alleged abuse included waterboarding, which simulates drowning and was allowed by President George W. Bush's administration after the Sept. 11, 2001, terrorist attacks. President Barack Obama banned such practices after taking office in 2009.
A Pentagon spokesman, Air Force Lt. Col. Mike Andrews, said the Defense Department does not accept that an investigation of U.S. personnel is warranted.
"The United States is deeply committed to complying with the law of war, and we have a robust national system of investigation and accountability that more than meets international standards," Andrews said.
Bensouda's application for investigation authority added that the Taliban and their allies are suspected of crimes against humanity and war crimes "as part of a widespread and systematic campaign of intimidation, targeted killings and abductions of civilians" perceived as supporting the government or opposing the Taliban rebels.
Afghan security forces are suspected of involvement in "systematic patterns of torture and cruel treatment of conflict-related detainees in Afghan detention facilities, including acts of sexual violence," Bensouda said.
A Section on 11/21/2017