Current Developments

A missed opportunity at the ICC

How (not) to use the VCLT to give meaning to the ‘interests of justice’

On 5th March 2020, the Appeals Chamber (AC) of the International Criminal Court (ICC) unanimously authorized the Office of the Prosecutor (OTP) to commence an investigation into the situation in Afghanistan. This decision reversed the controversial Pre-Trial Chamber (PTC) decision which, citing the ‘interests of justice’ (IoJ) clause, had refused to authorize the investigation requested by the OTP. However, the ACs decision failed to shed any light on the problematic reading of the …