Document Type

Article

Publication Date

11-26-2017

Source Publication

Submitted to The Prosecutor of the International Criminal Court

Abstract

Acting Director of the Nathanson Centre, Professor Craig Scott, has submitted a brief to Prosecutor Fatou Bensouda of the International Criminal Court providing evidentiary reasons why Canadians in the military and civilian chain of command during Canada ‘s presence in the war in Afghanistan should fall within the scope of the Prosecutor’s efforts to investigate the “situation in Afghanistan” with respect to war crimes committed by the Taliban, the CIA and Afghan National Security Forces. Potential criminal responsibility arises from Canada ‘s policy and practices on the transfer of captives to both the US and Afghanistan. The brief also highlights the absence of any investigation in Canada into the chains of command and a general institutional unwillingness to investigate as the reasons why the ICC owes no deference to Canada, and why such failures in Canada provide added reason why Canadians should be included in the ICC investigation.

Comments

CBC Radio, As It Happens – Interview on Craig Scott’s submission to the International Criminal Court with respect to Canadian nationals’ possible culpability for transferring detainees to the government of Afghanistan (November 27, 2017) – audio and transcript available here: CBC Interview

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