Just weeks after deciding that the terrorists who plotted and executed the 9/11 terror attacks against America will be brought to the US and given the same rights as US citizens in civilian trials for their roles in the attacks, it appears that the Obama administration is preparing to allow a world court to try American soldiers for alleged war crimes in Afghanistan.
Secretary of State Hillary Clinton expressed “great regret” in August that the U.S. is not a signatory to the International Criminal Court (ICC). This has fueled speculation that the Obama administration may reverse another Bush policy and sign up for what could lead to the trial of Americans for war crimes in The Hague.
The ICC’s chief prosecutor, though, has no intention of waiting for Washington to submit to the court’s authority. Luis Moreno Ocampo says he already has jurisdiction—at least with respect to Afghanistan.
[...]
“We have to check if crimes against humanity, war crimes or genocide have been committed in Afghanistan,” Mr. Ocampo told me. “There are serious allegations against the Taliban and al Qaeda and serious allegations about warlords, even against some who are connected with members of the government.” Taking up his inquiry of Allied soldiers, he added, “there are different reports about problems with bombings and there are also allegations about torture.”
[...]
Asked repeatedly whether the examination of bombings and torture allegations refers to NATO and U.S. soldiers, Mr. Ocampo finally stated that “we are investigating whoever commits war crimes, including the group you mentioned.”
What sort of “crimes” committed by American soldiers is Ocampo looking at? Oh, you know. Just fighting the war and all.
Asked whether waterboarding—a practice that simulates drowning without causing lasting physical harm—is a form of torture produced a telling “no comment.” Yet if the Obama administration considers this practice torture, one has to wonder if the ICC’s chief prosecutor would give it his stamp of approval. There is also the issue of whether Predator strikes of unmanned drones targeting terrorist leaders in Afghanistan and Pakistan—as carried out in the very first week of the Obama presidency—are part of the bombings he’s looking into. Mr. Ocampo chuckled and answered evasively. “We have people around the world concerned about this,” he said, and when pressed, added, “Whatever the gravest war crimes are that have been committed, we have to check.”
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