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 …

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Current Developments

Afghanistan finally open for investigations

ICC Prosecutor succeeds before the Appeals Chamber

About 14 years after the Prosecutor of the International Criminal Court (ICC) started first examinations into the situation of Afghanistan, the ICC Appeals Chamber finally authorized investigations in March 2020. The situation relates to alleged war crimes and crimes against humanity committed in Afghanistan by US armed forces, the CIA, Afghan forces and the Taliban since 1 May 2003. With this decision, the Appeals Chamber amended the April 2019 decision …

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