The International Criminal Court in The Hague is tiptoeing closer to a confrontation with the United States. The key issue is U.S. detention practices, and the alleged use of torture, in Afghanistan. A report just released by the office of the court’s prosecutor, Fatou Bensouda, for the first time explicitly names U.S. forces as potential culprits.

The back story of the International Criminal Court’s (ICC’s) inquiry into possible crimes in Afghanistan extends more than a decade. Afghanistan joined the ICC in early 2003, less than a year after the court opened its doors. That move gave the international prosecutor potentially broad jurisdiction over crimes committed by all combatants on Afghan soil. Shortly thereafter, the ICC opened what it calls a “preliminary examination” of possible crimes in the country. In this phase of the court’s work, the prosecutor’s office reviews mainly outside sources of information about situations and considers whether to launch a full investigation of its own. Continue reading The War Over U.S. War Crimes in Afghanistan Is Heating Up →