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THE International Criminal Court’s new chief prosecutor Karim Khan has dropped a probe into United States war crimes and crimes against humanity in Afghanistan under intense pressure from Washington.
The British national, who was sworn in last week, said on Monday that he would “deprioritise” investigations after the Taliban retook control of the country in the wake of the US troop withdrawal.
“Recent developments in Afghanistan and the change in the national authorities represent a significant change of circumstances,” he said in a statement.
“After reviewing matters carefully, I have reached the conclusion that, at this time, there is no longer the prospect of genuine and effective domestic investigations.
“I have therefore decided to focus my office’s investigations in Afghanistan on crimes allegedly committed by the Taliban and the Daesh-K [Islamic State] and to deprioritise other aspects of this investigation,” he said.
The prosecutor said he had met judges last week to discuss relaunching the probe and blamed the “limited resources” of the Hague-based international court for narrowing its focus.
In 2017, his predecessor Fatou Bensouda asked judges to allow a full-blown investigation that would not only focus on the Taliban and Afghan government forces but also US troops and the CIA.
Her request was approved in March 2020 with preparations under way to start investigating war crimes and crimes against humanity committed during the 20-year US invasion and occupation of Afghanistan.
But her move angered Washington, with then president Donald Trump revoking her visa and imposing broader restrictions on the activities of ICC members, hindering their ability to conduct their work effectively.
Mr Khan said there was a need to “construct credible cases capable of being proved beyond reasonable doubt in the courtroom.”
He insisted it was necessary to switch focus because of the gravity of the crimes committed by the Taliban and Isis.
He specified the August 26 suicide bomb attack on Kabul airport in which at least 170 people, including 13 US service personnel, were killed.
But notably he failed to mention the retaliatory drone strike ordered by US President Joe Biden that wiped out the entire family of an Afghan aid worker, including six children.
The US voted against the Rome Statute, which established the ICC in 1998, and is not a member of the global body.
Washington has consistently opposed an international court that could hold US military and political leaders to a uniform global standard of justice.