Afghanistan: ICC Appeals Chamber authorises the opening of an investigation
Reading time: (Number of words: )
Today, 5 March 2020, the Appeals Chamber of the International Criminal Court (’ICC’ or ’Court’) decided unanimously to authorise the Prosecutor to commence an investigation into alleged crimes under the jurisdiction of the Court in relation to the situation in the Islamic Republic of Afghanistan. The Appeals Chamber’s judgment amended the decision of Pre-Trial Chamber II of 12 April 2019, which had rejected the Prosecutor’s request for authorisation of an investigation of 20 November 2017 and had found that the commencement of an investigation would not be in the interests of justice. The Prosecutor had filed an appeal against that decision. Judge Piotr Hofmański, the presiding judge in this appeal, read a summary of the Appeals Chamber’s judgment in open court.
Having considered the Prosecutor’s grounds of appeal against the Pre-Trial Chamber’s decision, as well as the observations and submissions of the Islamic Republic of Afghanistan, representatives of victims and other participants, the Appeals Chamber found that the Pre-Trial Chamber erred in considering the ’interests of justice factor’ when examining the Prosecutor’s request for authorisation to open an investigation. In the Appeals Chamber’s view, the Pre-Trial Chamber should have addressed only whether there was a reasonable factual basis for the Prosecutor to proceed with an investigation, in the sense of whether crimes have been committed, and whether the potential case(s) arising from such investigation would appear to fall within the Court’s jurisdiction. Noting that the Pre-Trial Chamber’s decision contained all the necessary factual findings and had confirmed that there is a reasonable basis to consider that crimes within the ICC jurisdiction have been committed in Afghanistan, the Appeals Chamber decided to authorise the opening of an investigation itself, rather than to send the matter back to the Pre-Trial Chamber for a new decision.
The Appeals Chamber found that the Prosecutor is authorised to investigate, within the parameters identified in the Prosecutor’s request of 20 November 2017, the crimes alleged to have been committed on the territory of Afghanistan since 1 May 2003, as well as other alleged crimes that have a nexus to the armed conflict in Afghanistan and are sufficiently linked to the situation in Afghanistan and were committed on the territory of other States Parties to the Rome Statute since 1 July 2002.
Judge Ibáñez Carranza filed a separate opinion on the interpretation of article 15 and its relationship with article 53 of the Rome Statute.
- Officially sanctioned genocide in Afghanistan?
- Afghan-Dutch War Criminal Promotes Ethnic Genocide Under ICC Eyes
- World Wide Protest Against Genocide in Pakistan and Afghanistan
- Worldwide protest of Hazara people against genocide starts from Quetta, Daikundi, Bamiyan, Malmö and Brussels!
- Genocide of Hazaras in Pakistan: where are Human Rights Watch and Amnesty International?
- Asylum Seekers Call for Justice – Australian Hazaras Protest Against Genocide in Pakistan and Afghanistan , May 10th Parliament House Canberra, United Nations and Pakistan Embassy.
- AUSTRALIAN HAZARAS CRY FOR HELP TO END THE GENOCIDE IN MAKING OF THE HAZARAS IN PAKISTAN
- Protest against the genocide of Hazaras in Pakistan & Afghanistan- Vienna 28 April 2012
- Mazar i Sharif Genocide Memorial
- Gothenburg-Sweden: Conference: Hazara genocide in Pakistan; challenges and solutions
- Hazara Genocide Continues Unabatedly
- London International Conference on Genocide of the Hazara People
- Genocide of Hazaras in Pakistan- Google map
- Genocide of the Hazaras: hundreds killed and injured in Quetta!
- Poets from 88 Countries Demand Halt to Genocide against Hazara
- 300 Hazaras killed and injured: international media ignore genocide and ethnic cleaning!
- World Poetry Day: 324 Poets from 93 Countries Unite to Stop Genocide of Hazara
- Remembering Hazara Genocide Committed by War Criminals Ahmad Shah Massoud, Abdul Rab Rasul Sayyaf and their Allies
- The Hazara Protest Against Genocide in So-Called Country Afghanistan
- Hazara Genocide Continues, Pashtun Terrorists Cover their Crimes Under the Name of Daesh