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Briefly Noted
Published online by Cambridge University Press: 30 October 2019
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On April 12, 2019, Pre-Trial Chamber II of the International Criminal Court (ICC) unanimously rejected the Prosecutor's request to open an investigation into alleged crimes against humanity and war crimes in Afghanistan, determining that “an investigation into the situation in Afghanistan at this stage would not serve the interests of justice.” The Prosecution's request for an investigation concerns potential crimes that have taken place in the context of the armed conflict currently taking place in Afghanistan, including crimes against humanity by the Taliban and their affiliated Haqqani Network; war crimes by the Afghan National Security Forces; and war crimes by U.S. armed forces in Afghanistan, as well as the CIA in secret detention facilities between 2003–2004. The Chamber found that the request establishes a reasonable basis to believe that crimes under the jurisdiction of the ICC have been committed in Afghanistan and that the requirements of gravity and complementarity have been met. However, the Chamber determined that opening an investigation would not serve the interests of justice due to the elapsed time since opening the preliminary examination, the political changes that have taken place in Afghanistan since then, the lack of cooperation with Afghanistan authorities concerning the investigation, and the need for the Court to prioritize matters with a better chance of success.
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- Copyright © 2019 by The American Society of International Law