The ICC Prosecutor’s Request To Investigate the Situation in Afghanistan: A Threat or Opportunity?

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Friday, November 17, 2017
Author: 
Michael Plachta and Joseph Rychlak
Volume: 
33
Issue: 
11
Abstract: 

On November 3, 2017, the Prosecutor of the International Criminal Court (ICC), announced her decision to request an investigation into crimes allegedly committed in connection with the armed conflict in Afghanistan. On the same day, the Presidency immediately assigned the situation in the Islamic Republic of Afghanistan to Pre-Trial Chamber III, with the following composition: Judge Antoine Kesia-Mbe Mindua, Judge Chang-ho Chung, and Judge Raul C. Pangalangan.

Ms. Fatou Bensouda, heading the Office of the Prosecutor (OTP) stated, “[i]n due course, I will file my request for judicial authorization to open an investigation, submitting that there is a reasonable basis to believe that war crimes and crimes against humanity have been committed in connection with the armed conflict in Afghanistan.”