ICC rules Afghanistan investigation may proceed

ICC

Pre-Trial Chamber II of the International Criminal Court (ICC) on Oct. 31 authorizedprosecutors to resume their investigation into atrocities committed in Afghanistan since May 1, 2003, following a two-year hiatus. The Chamber found “that Afghanistan is not presently carrying out genuine investigations.” The Chamber emphasized that the authorization is limited to crimes falling within the conflict as it existed at the time of the original investigation request in November 2017. The Chamber rejected that request in April 2019. This decision was overturned by the Appeals Chamber in March 2020. However, the investigation was halted following a request from the government of Afghanistan. ICC prosecutor Karim AA Khan sought to review the deferral in September 2021. At that time, Khan said he concluded, “there is no longer the prospect of genuine and effective domestic investigations into Article 5 crimes within Afghanistan.”

From Jurist, Oct. 31. Used with permission.

See our last report on the ICC Afghanistan investigation.

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