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Situation in the Islamic Republic of Afghanistan (Int'l Crim. Ct. App. Chamber)

Published online by Cambridge University Press:  27 October 2020

Ryan Vogel
Ryan Vogel*
Affiliation:
Ryan Vogel is an Associate Professor and the Founding Director of the Center for National Security Studies at Utah Valley University. Previously, he worked on issues related to the International Criminal Court for the U.S. Government in the Office of the Secretary of Defense.
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Extract

On March 5, 2020, the Appeals Chamber of the International Criminal Court (ICC) delivered its unanimous Decision Pursuant to Article 15 of the Rome Statute on the Authorisation of an Investigation into the Situation in the Islamic Republic of Afghanistan. The decision came after an appeal of the Pre-Trial Chamber II's unanimous decision in April 2019 rejecting the Prosecutor's request to proceed with an investigation. The Appeals Chamber's decision allows the prosecutor to immediately begin an investigation “in relation to alleged crimes committed on the territory of Afghanistan in the period since 1 May 2003, as well as other alleged crimes that have a nexus to the armed conflict in Afghanistan and are sufficiently linked to the situation and were committed on the territory of other States Parties in the period since 1 July 2002.”

Type
International Legal Documents
Information
International Legal Materials , Volume 60 , Issue 1 , February 2021 , pp. 30 - 52
Copyright
Copyright © American Society of International Law 2020

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References

ENDNOTES

1 Situation in the Islamic Republic of Afghanistan (Judgment on the Appeal) ICC-02/17 OA4, Decision Pursuant to Art. 15 of the Statute on the Authorisation of an Investigation into the Situation in the Islamic Republic of Afghanistan, (Mar. 5, 2020) [hereinafter Decision].

2 Id.

3 Press Release, Int'l Crim. Ct., The Prosecutor of the International Criminal Court, Fatou Bensouda, Requests Judicial Authorisation to Commence an Investigation into the Situation in the Islamic Republic of Afghanistan (Nov. 20, 2017), https://www.icc-cpi.int/Pages/item.aspx?name=171120-otp-stat-afgh.

4 Request for authorisation of an investigation pursuant to article 15, ICC-02/17-7-Conf-Exp, ¶ 1 (Nov. 20, 2017) [hereinafter Request].

5 Situation in the Islamic Republic of Afghanistan, ICC-02/17-33, Decision Pursuant to Art. 15 of the Statute on the Authorisation of an Investigation into the Situation in the Islamic Republic of Afghanistan, (Apr. 12, 2019) [hereinafter Impugned Decision].

6 Decision, IV.A.

7 Id. ¶ 45.

8 Id. ¶ 39.

9 Id. ¶¶ 43–44.

10 ¶ 48.

11 ¶ 49.

12 Impugned Decision, ¶¶ 48, 60.

13 Id. ¶ 96.

14 Decision, ¶ 54.

15 Id. ¶ 77.

16 Id. ¶ 78.

17 Id. ¶ 43.

18 Id. ¶ 44.

19 Jennifer Trahan, The Significance of the ICC Appeals Chamber's Ruling in the Afghanistan Situation, Opinio Juris (Mar. 10, 2020), http://opiniojuris.org/2020/03/10/the-significance-of-the-icc-appeals-chambers-ruling-in-the-afghanistan-situation.

20 Kevin Jon Heller, The Appeals Chamber Got One Aspect of the Afghanistan Decision Very Wrong, Opinio Juris (Mar. 9, 2020), http://opiniojuris.org/2020/03/09/the-appeals-chamber-got-one-aspect-of-the-afghanistan-decision-very-wrong.

21 Separate Opinion of Judge Ibáñez Carranza, ¶ 2.