File - In this Nov. 27, 2013, file photo, prosecutor Fatou Bensouda waits for the start of the trial at the International Criminal Court (ICC) in The Hague, Netherlands. (AP Photo/Peter Dejong)
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The chances of U.S. servicemen being charged and sent to face justice at the International Criminal Court are remote, even if the chief prosecutor opens a probe into alleged crimes in Afghanistan, legal experts said Tuesday.Rapp's comments came a day after the ICC's chief prosecutor said in a report that U.S. forces in Afghanistan may have committed the war crime of torture when interrogating detainees, opening the possibility of Americans being prosecuted even though their country is not a member of the court.That means that if American authorities have conducted serious investigations, the complementarity doctrine would block ICC jurisdiction.Even though the United States is not a member of the court, Americans could still face prosecution at its headquarters in The Hague if they commit crimes within its jurisdiction in a country that is a member, such as Afghanistan, and are not prosecuted at home.
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