The ICC's chief prosecutor . . . 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.Another attempt by international law zealots to apply treaties beyond their scope--the Clinton Administration declined to join the ICC, so that body has no jurisdiction over American soldiers.
Because Kabul in 2003 ratified the Rome Statute--the ICC's founding treaty--all soldiers on Afghan territory, even those from nontreaty countries, fall under the ICC's oversight, Mr. Ocampo told me. And the chief prosecutor says he is already conducting a "preliminary examination" into whether NATO troops, including American soldiers, fighting the Taliban may have to be put in the dock.
"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."
(via Doug Ross)