Abstract
ABSTRACT∞ This article explores the perspectives of Afghan human rights advocates and academics on transitional justice, focused on the conundrum of the International Criminal Court (ICC) to investigate war crimes and crimes against humanity in Afghanistan. As a judicial entity, the ICC operates in a political environment. The tug of war of the ICC concerning what party to investigate is a testiment to this claim. In a recent twist, the new prosecutor, Karim Khan, issued a statement that his office would focus on crimes perpetrated by the Taliban and the Islamic State Khorasan Province, thus deprioritizing other parties, including the Afghan national security forces and the US military, that were determined by his predecessor. The Afghan human rights advocates and academics, while supporting accountability, criticize selective justice. The nature of war, the US–Taliban peace deal in 2020 and the collapse of the Afghan government in 2021 have furthered the dilemma of justice.
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