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.
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.
The Justice for Victims of War Crimes Act would finally give the U.S. the ability to prosecute suspected war criminals found inside U.S. borders, regardless of nationality, and now Congress needs to close other loopholes in order to promote justice for international crimes.
What are the extent and limits of the court’s jurisdiction over the conflict?
I have an essay today in the Human Rights & International Criminal Law ICC Forum discussing what President Biden and the ICC Prosecutor should do to end the nasty conflict between the U.S. Government and the ICC.
Uighur activist groups filed an ICC complaint against Chinese officials. What’s in the complaint, and how could the ICC exercise its jurisdiction considering China isn’t signed to the Rome Statute?
The International Criminal Court’s authorization of an investigation into alleged war crimes in Afghanistan represents the culmination of a complex debate over the law and politics of a probe into the court’s most powerful and persistent critic.
The decision will likely have far-reaching implications for the institutional legitimacy of the court, its relationship with the United States and potential future cases.
Over three days of hearings, the International Criminal Court’s Appeals Chamber considered whether to overturn an April 2019 decision blocking investigations into alleged war crimes by the Taliban and U.S. troops in Afghanistan.