International law and U.S. foreign policy provide powerful reasons to require clearer direction from the political branches before ordering the turnover of Afghan central bank assets to U.S. judgment creditors.
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The Biden administration could provide categorical parole to Afghan Special Immigrant Visa applicants that have passed major screening requirements and allow them to come to the United States to finish their processing in safety.
Disagreement Between the ICC Pre-Trial Chamber II and the Office of the Prosecutor Regarding the Afghanistan Situation
The ICC Pre-Trial Chamber II’s authorization to resume the investigation into the Afghanistan situation comes amid a disagreement with the Office of the Prosecutor regarding the temporal scope of the investigation and the alleged incidents it covers.
Deferral and De Facto Authorities: The ICC Prosecutor’s Assessment of Afghanistan’s Deferral Request
The Office of the Prosecutor’s analysis of the merits of Afghanistan’s 2020 request to defer the ICC’s investigation not only underscores its own views of the law applicable to deferral requests but also sheds light on how the court views the de facto authorities as they relate to ICC proceedings.
Though the situation in Afghanistan appears to be hopeless, lessons from similar cases from around the world can help to chart a path to a better future for Afghanistan.
In an Oct. 31 decision the International Criminal Court’s Pre-Trial Chamber II found that the government of Afghanistan failed to properly investigate alleged crimes against humanity and war crimes committed in the country since May 1, 2003.
Despite international efforts to press for a more inclusive Taliban government in Afghanistan, that will not materialize, as it would not be in the interest of the Taliban’s survival or stability.
The story of the Special Immigrant Visa program for Afghan translators reflects the U.S. government’s ambivalence toward its allies in Afghanistan.
The report does not find sufficient evidence to support allegations that President Ghani and his senior advisors fled with millions of dollars in cash taken from the Afghan government.
SIGAR finds that the Pentagon disbursed questionable Afghan Ministry of Defense salary payments.