THE HAGUE, Netherlands — U.S. armed forces and the CIA may have committed war crimes by torturing detainees in Afghanistan, the International Criminal Court’s chief prosecutor said in a report Monday, raising the possibility that American citizens could be indicted even though Washington has not joined the global court.

“Members of U.S. armed forces appear to have subjected at least 61 detained persons to torture, cruel treatment, outrages upon personal dignity on the territory of Afghanistan between 1 May 2003 and 31 December 2014,” according to the report issued by Prosecutor Fatou Bensouda’s office.

The report said that CIA operatives may have subjected at least 27 detainees in Afghanistan, Poland, Romania and Lithuania to “torture, cruel treatment, outrages upon personal dignity and/or rape” between December 2002 and March 2008.

Most of the alleged abuse happened in 2003-2004, the report said.

Prosecutors said they will decide “imminently” whether to seek authorization to open a full-scale investigation in Afghanistan that could lead to war crimes charges.

A Pentagon spokesman, Navy Capt. Jeff Davis, said officials were awaiting more details about the ICC findings before commenting.

Established in 2002, the International Criminal Court is the world’s first permanent court set up to prosecute war crimes, crimes against humanity and genocide.

More than 120 countries around the world are members, but superpowers including the United States, Russia and China have not signed up.

Former President Clinton signed the Rome treaty that established the court on Dec. 31, 2000, but President George W. Bush renounced the signature, citing fears that Americans would be unfairly prosecuted for political reasons.


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