Trouble looms for Taliban with ICC likely to resume 'war crimes' probe in Afghanistan

In fresh trouble for the Taliban, the International Criminal Court is likely to resume its probe into the alleged war crimes committed in Afghanistan since July 1, 2002. Established in 2002, the ICC is a permanent international court that has the power to probe and try individuals charged with genocide, war crimes and crimes against humanity. While this court had authorized the investigation into the purported war crimes on March 5, 2020, the ICC Prosecutor deferred the probe subsequently after the erstwhile Ashraf Ghani-led government sought to examine these allegations itself. 

ICC prosecutor Karim Khan, said in a statement, "Recent developments in Afghanistan and the change in the national authorities, represent a significant change of circumstances with import for our ongoing assessment of the deferral request. 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 into Article 5 crimes within Afghanistan. It is this finding that has necessitated the present application."

The Queen's Counsel added that his office will focus on the crimes committed by the Taliban and the ISKP. He explained, "The gravity, scale and continuing nature of alleged crimes by the Taliban and the Islamic State, which include allegations of indiscriminate attacks on civilians, targeted extrajudicial executions, persecution of women and girls, crimes against children and other crimes affecting the civilian population at large, demand focus and proper resources from my Office, if we are to construct credible cases capable of being proved beyond a reasonable doubt in the courtroom". Moreover, he assured that independent and impartial investigations will be conducted. 

The Taliban takeover of Afghanistan

After the Taliban stormed into Kabul on August 15, Afghanistan president Ashraf Ghani resigned and fled the country with his associates. Since then, several persons have lost their lives in the chaos at the Hamid Karzai International Airport with thousands of people desperately trying to flee the country. This includes the death of at least 169 Afghans, 11 US Marines, a US Navy sailor, and a US Army soldier in a suicide bombing at the Abbey Gate of the Kabul airport on August 26. This led to US airstrikes on terrorists belonging to ISIS-K which claimed responsibility for this attack.

On August 31, the Taliban gained control of the Kabul airport after the last batch of US troops left Afghanistan. Though the Taliban promised to form an "inclusive" government to run Afghanistan, it announced a 33-member caretaker Cabinet which neither has women nor mainstream politicians from previous regimes. While Mullah Mohammad Hassan Akhund, the chief of the Taliban's Rehbari Shura, is the new Prime Minister, he has two deputies in Mullah Baradar and Mawlavi Hanafi. So far, the terror outfit's rule has been marked by repression of women's rights, restrictions on media, economic crisis and atrocities on Panjshir residents.