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⏰Tomorrow is a big day for #Afghanistan’s countless victims and survivors: after 2+ years of uncertainty, will the #ICC Appeals Chamber *finally* green light 🚦 a criminal investigation? THREAD. 🧵1/
Background: #Afghanistan’s decades-long war has led to horrific violations by all sides. The formidable @pagossman + others @hrw have documented atrocities and pressed for #justice in a place where abusers are almost always promoted instead of punished. bit.ly/2TxMdmg 2/
In late 2017, after a 10+ year analysis of the situation, @icc_cpi prosecutor Fatou #Bensouda asked to investigate war crimes by #Afghan forces and #US personnel, and crimes against humanity by the #Taliban since May 1, 2003. bit.ly/38qqodr 3/
A possible #ICC investigation gave victims hope that this endless cycle of violence could be broken. This isn’t just idle speculation: 680 of the nearly 700 victims’ applications to the #ICC welcomed the prospect for #justice. 4/
But even AFTER finding:

✅ possible war crimes and crimes against humanity;
✅ none of the key Afghan or US perpetrators had faced justice;
✅the gravity of the crimes

#ICC judges said an investigation would NOT (⁉️) be in the “interests of justice.” 5/
The decision was especially baffling since the #ICC is a court last resort, stepping in only where there are no other options. It was literally *designed* to deliver justice in exactly this kind of situation. Here’s @hrw’s statement in response: bit.ly/2IkJ4kt 6/
The judges cited factors like the “volatility” of the political climate “surrounding the Afghan scenario” (‼️), the court’s budget (‼️), and presumed lack of cooperation (‼️) to conclude that the investigation was doomed and shouldn't even be started. bit.ly/2Ih8eAn 7/
The decision’s damage extends well beyond Afghanistan: it basically handed perpetrators a playbook on how to thwart an #ICC investigation and signaled that the court won’t stand up for victims. My extended take: bit.ly/2uSe885 8/
The #Afghanistan decision was made against a backdrop of extreme pressure by the US, which peaked 🌪️with the imposition of a visa ban on #Bensouda and threats to do more. bit.ly/2IhiybN 9/
In November, @hrw joined 8 powerhouse 💪NGOs to share our concerns about the #ICC judges’ flawed analysis of the interests of justice, among other issues. bit.ly/2vChV9S 10/
The need for accountability, including US personnel, remains urgent: @hrw found that from late 2017-mid 2019, US Central Intelligence Agency (CIA)-backed Afghan forces committed summary executions and other grave abuses with impunity. bit.ly/32Pa6tz 11/
How would an ICC investigation relate to the ongoing peace process? Afghans have already raised concerns with @hrw about the US-Taliban deal, and whether perpetrators of grave crimes will be allowed to escape #justice. 12/
That’s exactly why an #ICC investigation is so critical. It wouldn’t happen overnight and could provide some intermediate sense for victims and survivors that they are being heard. 13/
And @hrw’s research shows the high cost of ignoring atrocities. Afghanistan is no exception, where the Bonn Agreement (and all the political transitions before it) failed to provide justice. Impunity has furthered conflict in Afghanistan, not peace. bit.ly/3as7If4 14/
Either way, victims’ long search for justice for grave crimes in #Afghanistan hangs in the balance ⚖️. Let’s hope tomorrow’s decision is a step in the right direction. END🧵
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