Thread by @SaraJRob

🚨Thread on #ICC Afghanistan Case🚨
From Dec 4-6, the #ICC Appeals Chamber held an historic hearing about the US torture program & other grave crimes related to the armed conflict in #Afghanistan.

Curious about what happened? Read this thread to find out. 1/

2/ At @nyu_gjc, we represent victims of the US torture program. After 9/11, the US operated a coordinated global program of abductions, extraordinary rendition, incommunicado detention & torture.

For more on the torture program, watch @thereportmovie.

3/ For 15+ years, @nyu_gjc, @theCCR, @Reprieve, @ACLU & others have been trying to hold the US government accountable for the grave crimes committed as part of this program. No senior US official has ever been prosecuted.

4/ In 2017, the #ICC asked victims of crimes connected to the armed conflict in #Afghanistan to submit representations under Article 15(3) of the Rome Statute. 680 of the 699 submitted representations support an investigation.

5/ @nyu_gjc, @theCCR, @Reprieve and others submitted representations about what our clients endured under the US torture program and called on the #ICC to authorize the investigation.

Read @theCCR’s submission here: ccrjustice.org/sites/default/…

6/ To our surprise, the #ICC Pre-Trial Chamber rejected an investigation into grave crimes by the US, the Afghan gov, & the Taliban. The judges found an investigation was not in the “interests of justice.”

Read the decision: icc-cpi.int/CourtRecords/C…

7/ The prosecutor and groups of victims, including @nyu_gjc, appealed.

Read the joint victims’ appeal brief: icc-cpi.int/CourtRecords/C…

8/ In their appeals, victims argued they had standing b/c of 1) their unique interests in having the investigation proceed, 2) their role in Prosecution-initiated investigations, and 3) the right to remedy under international human rights law.

9/ Following written briefing, the #ICC Appeals Chamber called for an historic three-day hearing to be held in the Hague from 4-6 December. Victims, the prosecution, states, professors, experts, and others were invited to participate.

10/ At the hearing, attorneys for 7 victims of the US torture program argued that an investigation must be authorized to end ongoing impunity for this calculated & systematic torture program.

11/ Katherine Gallagher, @katherga1, of @theCCR represents Sharqawi Al Hajj and Guled Hassan Duran, two men currently held in Guantanamo who were tortured under the program.

Watch her opening remarks here:

12/ Megan Hirst, instructed by @Reprieve, represents Ahmed Rabbani and 2 other victims of the US torture program. She argued that victims had standing to appeal.

Watch here:

13/ Hirst’s arguments on victim standing were reinforced by extensive briefing and several supporting amici curiae.

But the #ICC Appeals Chamber ruled by majority that victims lack standing.

Read Judge Ibáñez Carranza’s powerful dissent: icc-cpi.int/Pages/record.a…

14/ @NikkiReisch, who represents Mohammed al-Asad for @nyu_gjc, described the torture inflicted on Mr. al-Asad by the @CIA. She also argued that the PTC’s decision was appealable under Article 82(1)(a) because it was jurisdictional.

Watch here:

15/ Listen to @NancyHollander_ & Mikołaj Pietrzak, counsel for Abd al-Rahim al-Nashiri, describe the torture inflicted upon him by his American captors in countries across the globe. @NancyHollander_ is supported by the @ACLU John Adams Project.

Watch:

16/ Tim Moloney QC, counsel for Rabbani & 2 other victims & instructed by @Reprieve, argued the Pre-Trial Chamber’s rejection of the investigation on grounds of “interests of justice” was ultra vires, outside the PTC’s authority.

Watch:

17/ @katherga1 explained that many key figures in the US torture program maintain a public presence and are not shy about their role in the program. “Such is the reality when impunity reigns,” she said.

Watch her full remarks here:

18/ “The US torture program was designed to exploit purported gaps in human rights & humanitarian law. The decision under appeal resuscitated such condemned legal arguments at a time when there is a manifest risk of recurrence.”--@NikkiReisch

Watch:

19/ Maria Radziejowska @radziejo argued the decision wrongly excluded crimes against Mr. al-Nashiri. Mikołaj Pietrzak said: We know who created the torture program, and if the US wanted to, those people “could be arrested today.”

Watch here:

20/ Victims of the US torture program were not the only ones appealing the decision. Victims of crimes committed by the Taliban, the Afghan government, US forces & others also called for reversal.

21/ Fergal Gaynor, representing 82 Afghan victims and 2 organizations, described the horrific crimes experienced by his clients. He also argued that victims had standing to appeal.

Watch:

22/ Nada Kiswanson van Hooydonk argued that victims’ interests support an investigation. Grave crimes by the Afghan gov & Taliban made it almost impossible to practice religion and access justice, education & healthcare, she explained.

Watch:

23/ Nema Milaninia represents 17 Afghan human rights organizations and appeared at the hearing as an amicus curiae. He described the flawed outreach process to victims in compelling detail. Be in touch with @HMarifat to learn more.

Watch here:

24/ Mr. Milaninia also explained that the Afghan government has failed to investigate war crimes and crimes against humanity. “Peace first then justice,” he said, “has resulted in neither peace nor justice.”

Watch:

25/ Former UN Special Rapporteurs, Manfred Nowak, Juan Mendez & Pablo de Greiff, appeared as amici curiae via counsel @HannahGarry3. No state, not the US & not Afghanistan, can derogate from torture prohibition, a jus cogens norm, she explained.

Watch:

@HannahGarry3 26/ And Ambassador David Scheffer, who led the US delegation in 1998 in talks establishing the #ICC, explained just how wrong the Pre-Trial Chamber was with the factors it evaluated.

My favorite part of his remarks:

27/ Ambassador Scheffer also discussed the failure of the US to investigate such grave crimes, noting “the US President’s appalling interference with several cases.”

Watch his full remarks here:

28/ After 3 days of such compelling arguments, it remains abundantly clear: the #ICC Appeals Chamber should overturn the decision and authorize the #Afghanistan investigation.

29/ This hearing marked the first time that victims of US torture, including our client @nyu_gjc, were heard at the #ICC. This is truly the court of last resort—and it’s time to finally #EndImpunity.
END.