What Happens if the International Criminal Court Investigates American War Crimes in Afghanistan?

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The International Criminal Court is likely to open an investigation into alleged crimes against humanity and war crimes committed in Afghanistan. Much of the focus of the investigation would be crimes committed by the Taliban, but actions by Americans could also come under scrutiny. This raises the prospect of the first real collision between Americans and the International Criminal Court.

On the line with me to discuss the implications of this probable ICC probe of the Afghanistan conflict is Mark Kersten. He is a fellow at the Munk School of Global Affairs at the University of Toronto and one of my favorite go-to ICC experts.

We kick off discussing the circumstances around this ICC investigation and that segues into a conversation about the history of US-ICC relations and we have a broader discussion about the current work of the ICC around the world--and why many of its cases seem to be faltering.