Latest in International Criminal Court (ICC)
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.
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.
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.
Given the unprecedented levels of attention and resources that the ICC is receiving for its Ukraine investigation, as well as potential indictments in the near future, it’s worth considering how the court’s impact in this case should be evaluated.
What are the extent and limits of the court’s jurisdiction over the conflict?
We summarized the 531-page, heavily redacted report by the inspector general of Australia’s Defense Force alleging war crimes by Australian special forces in Afghanistan.
`Nord Stream 2 is exacerbating the split between the United States and its European Allies. Across the Mediterranean Laurent Gbagbo is acquitted of crimes against humanity by the International Criminal Court (ICC). Les Munson, Jamil Jaffer, Loren Dealy Mahler, and Andrew Borene discuss how the U.S. should push back against the Russians in Europe and how Americans should think about the ICC.
Yes, but that doesn’t mean it’s a good idea.
The Appeals Chamber of the International Criminal Court (ICC) on March 5 unanimously approved an investigation into alleged war crimes and crimes against humanity in Afghanistan committed by the United States military, Afghan authorities and the Taliban. The prosecutor is authorized to investigate crimes alleged to have been committed in Afghanistan since May 1, 2003, as well as other alleged crimes linked to the Afghan conflict committed on the territory of other states party to the Rome Statute since July 1, 2002.
The ICC prosecutor’s determination of jurisdiction relies on a controversial and legally problematic recognition of Palestinian statehood.