The International Criminal Court says American soldiers may have committed war crimes in Afghanistan


"Members of U.S. armed forces appear to have subjected at least 61 detained persons to torture, cruel treatment, outrages upon personal dignity on the territory of Afghanistan between 1 May 2003 and 31 December 2014," said a report issued Monday by the prosecutor's office of the International Criminal Court (ICC). These are allegations that American soldiers committed war crimes in the early years of the United States' longest war.
The State Department pushed back against the accusations Tuesday evening, saying an ICC probe into the actions of U.S. troops in Afghanistan is not "warranted or appropriate" and denying the ICC has jurisdiction to investigate because the United States is not party to the court. Some American military personnel have already been prosecuted for crimes in Afghanistan, including murder, and from 2009 and 2012, the Justice Department investigated CIA abuse of detainees but ultimately prosecuted no one.
If the ICC does proceed with an investigation, it is unlikely any Americans will be charged and sent to trial in The Hague. "The U.S. can prevent ICC prosecutions by undertaking a good-faith investigation and prosecution in its own military or civilian courts," explains Prof. Michael Scharf of Case Western Reserve University School of Law. ICC Prosecutor Fatou Bensouda is expected to decide how to proceed soon.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Bonnie Kristian was a deputy editor and acting editor-in-chief of TheWeek.com. She is a columnist at Christianity Today and author of Untrustworthy: The Knowledge Crisis Breaking Our Brains, Polluting Our Politics, and Corrupting Christian Community (forthcoming 2022) and A Flexible Faith: Rethinking What It Means to Follow Jesus Today (2018). Her writing has also appeared at Time Magazine, CNN, USA Today, Newsweek, the Los Angeles Times, and The American Conservative, among other outlets.
-
May 31 editorial cartoons
Cartoons Saturday's political cartoons include how much to pay for a pardon, medical advice from a brain worm, and a simple solution to the national debt.
-
5 costly cartoons about the national debt
Cartoons Political cartoonists take on the USA's financial hole, rare bipartisan agreement, and Donald Trump and Mike Johnson.
-
Green goddess salad recipe
The Week Recommends Avocado can be the creamy star of the show in this fresh, sharp salad
-
Driver rams van into crowd at Liverpool FC parade
speed read 27 people were hospitalized following the attack
-
2 Israel Embassy staff shot dead at DC Jewish museum
speed read The suspected gunman chanted 'free, free Palestine'
-
Bombing of fertility clinic blamed on 'antinatalist'
speed read A car bombing injured four people and damaged a fertility clinic and nearby buildings in Palm Springs, California
-
Suspect charged after 11 die in Vancouver car attack
Speed Read Kai-Ji Adam Lo drove an SUV into a crowd at the Lapu Lapu Day festival
-
Kenya arrests alleged ant smugglers
speed read Two young Belgians have been charged for attempting to smuggle ants out of the country to exotic pet buyers
-
Judge ends Eric Adams case, Trump leverage
Speed Read Federal corruption charges against New York City Mayor Eric Adams were dismissed, as requested by Trump's Justice Department
-
Texas arrests midwife on felony abortion charges
Speed Read Maria Margarita Rojas and an employee at one of her clinics are the first to be criminally charged under Texas' near-total abortion ban
-
South Carolina to execute prisoner by firing squad
speed read Death row inmate Brad Sigmon prefers the squad over the electric chair or lethal injection, his lawyer said