T he Afghanistan agreement signed last weekend in Doha did not, as was to be expected, lead to peace immediately breaking out. The Taliban resumed attacks after their demand for the release of prisoners was rejected, and the Americans responded with air strikes.

The opposing sides are in agreement on one thing, however – none of them want the International Criminal Court (ICC) to investigate allegations of atrocities committed during this long and bloody war.

The US does not recognise the ICC, and the Afghan government, which does recognise the court, opposes the inquiry. Moreover, the chances of the Taliban handing over its fighters to be carted off to The Hague to face foreign, infidel justice is nil.

This, indeed, was the initial conclusion of the ICC when it rejected the request for the investigation from its chief prosecutor, the Gambian lawyer Fatou Bensouda. It emphasised that the prospect of a successful prosecution was extremely doubtful because the US, the Afghan government and the Taliban would refuse to cooperate.

The US administration said at the time that it would revoke or deny visas to ICC staff who sought to enter the country to investigate allegations against US citizens in Afghanistan or anywhere else. Ms Bensouda’s visa was promptly revoked.

One can expect Donald Trump, who has pardoned American service personnel prosecuted in the US on charges of war crimes in Afghanistan, to defy the wishes of the US military and go on a Twitter diatribe against the ICC.

US special representative for Afghanistan reconciliation, Zalmay Khalilzad, left, and Taliban co-founder Mullah Abdul Ghani Baradar shake hands during the signing ceremony of the peace agreement in Doha on Saturday (EPA/Stringer) (EPA/STRINGER)

Nevertheless, the ICC is proceeding with the investigation. Its appeals chamber now says that a lower court misinterpreted some of the organisation’s rules in arriving at the first decision. The chairperson, Piotr Hofmanski, said: “The prosecutor is authorised to commence investigation in relation to events dating back to 2003 as well as other alleged crimes [related to] Afghanistan.”

It remains unclear just how the ICC will gather evidence and bring alleged perpetrators to court given the obstacles that it faces, and what measures it intends to take to deal with the restrictions.

Afghanistan war: lives of children devastated by the endless conflict Show all 20 1 /20 Afghanistan war: lives of children devastated by the endless conflict Afghanistan war: lives of children devastated by the endless conflict Andrew Quilty/Save the Children Afghanistan war: lives of children devastated by the endless conflict Nooria*, 15 in the home her family has lived in for the past two years in Mazar-i Sharif She was forced to flee her home with her family after their town was attacked by armed groups. Nooria describes a rocket hitting her neighbours home killing many inside. They fled on foot with just the clothes on their backs and she now lives in Mazari Shariff where Save the Children have enrolled her in school and provide vocational training Andrew Quilty/Save the Children Afghanistan war: lives of children devastated by the endless conflict Nooria* hopes for a future with no war; "When they attacked our village, the rocket hit our neighbour's house and they all died. Our house then caught fire and we ran away. My friends who I used to play with - I still don't know if they are alive or if they are dead.” Andrew Quilty/Save the Children Afghanistan war: lives of children devastated by the endless conflict “I'm hoping for a better future, to learn, to support my family and to get them out of this difficult life. And I'm hoping for a future where there is no war.” Andrew Quilty/Save the Children Afghanistan war: lives of children devastated by the endless conflict Naveed*, 16 at his family home in Mazar-i Sharif Naveed lost his leg when he stepped on a mine aged just 8-years-old. He was herding the family's sheep in the mountains near their home when he triggered a landmine Andrew Quilty/Save the Children Afghanistan war: lives of children devastated by the endless conflict After months of medical treatment his right leg was eventually amputated. He received physiotherapy and a prosthetic leg from the International Committee for the Red Cross in Mazar Andrew Quilty/Save the Children Afghanistan war: lives of children devastated by the endless conflict Now enrolled in school, Naveed is being given vocational training by Save the Children. “For around a year I felt and dreamt that I still had my leg. But when I woke up and saw, there was no leg. Sometimes I’d feel with my hand to check and find it wasn't there.” Andrew Quilty/Save the Children Afghanistan war: lives of children devastated by the endless conflict “If someone has loses their leg, it does not mean that they have lost their mind." Andrew Quilty/Save the Children Afghanistan war: lives of children devastated by the endless conflict "With the help of our minds we can continue to study, learn, and work to make the future of our families brighter.” Andrew Quilty/Save the Children Afghanistan war: lives of children devastated by the endless conflict Naveed and Mahboob*, 55 (Naveed's father) Several years ago Neveed's father, Mahboob, was brutally beaten with rifle butts by armed groups after, he says, he failed to provide food for them while they were stationed in the family's village. He suffered brain damage which affected the right side of his body, speech and his brain function Andrew Quilty/Save the Children Afghanistan war: lives of children devastated by the endless conflict Habiba*, 14, and Arezo*, 15 in a village outside Kabul Habiba and Arezo were injured with their mother three years ago in a suicide bombing in Kabul. Arezo is still traumatised from what she saw and has become completely withdrawn Andrew Quilty/Save the Children Afghanistan war: lives of children devastated by the endless conflict Arezo's younger sister Habiba cares for her, takes her to lessons and anywhere she wants to go. They are both in school through Save the Children's 'Steps towards Afghan girls' education success' (STAGES) programme, which helps the most marginalised girls get access to education, stay in school and learn. Andrew Quilty/Save the Children Afghanistan war: lives of children devastated by the endless conflict Habiba says: “When I woke up and I opened my eyes I saw lots of bodies and I thought I was not alive any more. It was horrible. I'll never forget that. Whenever there is a big sound she gets scared because she was traumatised by the sound she heard during the attack. I love my sister, and I help her with her lessons, I take her anywhere." Andrew Quilty/Save the Children Afghanistan war: lives of children devastated by the endless conflict "She's older than me but I feel like the older one because I support her. I hope for a better future for me and my sister.” Andrew Quilty/Save the Children Afghanistan war: lives of children devastated by the endless conflict Khalida*, 10 in a classroom in a village outside Kabul Two years ago Khalida lost her 18-year old brother when he was killed in an explosion in Kabul. She misses him every day and says the family are still carrying the grief of his loss Andrew Quilty/Save the Children Afghanistan war: lives of children devastated by the endless conflict "Two years ago, my brother was going to Kabul when an explosion happened and he lost his life. We are still carrying the grief and are crying over him. At the time we were happy, everyone was happy. Now no-one is happy in the family. When I remember him, I cry and feel so bad. I hope for peace and that war will stop, and that nobody loses their brother” Andrew Quilty/Save the Children Afghanistan war: lives of children devastated by the endless conflict “I want to get education to become a teacher. I want to teach others who have never been to school” Andrew Quilty/Save the Children Afghanistan war: lives of children devastated by the endless conflict Sema*,11 at her family home in Kabul Sema recalls coming home from her aunt's house and being told that her father had been killed in a suicide attack Andrew Quilty/Save the Children Afghanistan war: lives of children devastated by the endless conflict Sema still thinks about him every second and likes to look at his prayer beads (Tisbeh) to remember him. They hang from the curtain in the family home. She loves school and wants to become a teacher one day. Sema says she wants peace in her country to stop other children losing their fathers. “We still have lots of his belongings, like his car, his clothes, his watch, his shoes. Whenever we see them we cry. He gave us all so much love every moment and he is on our minds. I want for the powerful people around the world to stop the war and bring peace, because I don't want other children to lose their fathers.” Andrew Quilty/Save the Children Afghanistan war: lives of children devastated by the endless conflict “I want to become a teacher to serve the country and I don't want any girls to be illiterate. I want to teach all the girls, so they have access to education.” *Names have been changed to protect identities Andrew Quilty/Save the Children

This does not mean, however, that the search for justice should be abandoned. As Steve Crawshaw, the policy and advocacy director of the human rights group Freedom from Torture, pointed out: “This announcement is important in reminding us that nobody is above the law. Nobody should get away with war crimes and torture. Many torture survivors who come to Freedom from Torture are from Afghanistan, and we know that torture is committed by government and rebel forces alike.

“Donald Trump has said that torture ‘absolutely works’, thus giving a green light to torturers worldwide. Dangerous talk like that must be confronted. Torturers must be held to account, whoever they represent and wherever they are.”

This was a significant move for the ICC on another count. The court has been criticised for focusing on alleged crimes of smaller nations and their leaders in the developing world, very often ones in Africa, while avoiding investigating more powerful states.