Viewpoint by Jonathan Power*
LUND, Sweden (IDN-INPS) – Last year the office of the prosecutor of the International Criminal Court (ICC) released a report which for the first time explicitly named U.S. military forces and CIA operatives in secret prisons as possible war crimes culprits for the alleged use of torture and rape. Because the American soldiers were based in Afghanistan which is an ICC member the ICC has broad jurisdiction over crimes committed by combatants on Afghan soil.
(However, since the U.S. is not a member it can't be prosecuted for alleged crimes committed in non-member ICC countries – for example in Iraq or Syria. It can also refuse for any of its citizens to be prosecuted on its own soil.)