Share this:

" />
Telesom Dahabshiil
Published On: Thu, Mar 5th, 2020

Afghanistan: International Criminal Court (ICC) Appeals Chamber authorises the opening of an investigation

PRESS RELEASE

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 HAGUE, Netherlands, (ANN) — Today, 5 March 2020, the Appeals Chamber of the International Criminal Court (‘ICC’ or ‘Court’) (https://www.ICC-CPI.int)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 (http://bit.ly/39qaPEf) 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 (http://bit.ly/2IomU0y) 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.

Judgment on the appeal against the decision on the authorisation of an investigation into the situation in the Islamic Republic of Afghanistan (http://bit.ly/2PP8wmq)

Separate opinion of Judge Luz del Carmen Ibáñez Carranza (http://bit.ly/2xcXTTT)

Audio-visual materials:YouTube (for viewing): English (bit.ly/2PP8wmq) ; French (http://bit.ly/2TGvM6V)Video MPEG-4 (for download): English (http://bit.ly/2TqA9Ev); French (http://bit.ly/2IomhEp)Audio MPEG-3 (for download): English (http://bit.ly/32S5aEb) ; French (http://bit.ly/2PR71Uu)
For more information, see: https://www.icc-cpi.int/afghanistanDistributed by APO Group on behalf of International Criminal Court (ICC). View multimedia contentMedia Contact:
Fadi El Abdallah
Spokesperson and Head of Public Affairs Unit
International Criminal Court 
Telephone : +31 (0)70 515-9152 or +31 (0)6 46448938
e-mail : fadi.el-abdallah@icc-cpi.int
Smiley face

About the Author

- Arraale Mohamoud Jaama Freelance Journalist and Human Rights Activist Arraale, is a 20 year experience as a professional Journalist and human rights activist Over the years, worked for the major News Papers in Somaliland as a reporter, editor and contributor. 2008 established website Araweelo News Network, he currently runs a web site based in Somaliland. who is the specializes in the investigation and reporting on issues relating to human rights, democracy, and good governance. contact: Info@araweelonews.com jaamac132@gmail.com Send an SMS or MMS to + 252 63 442 5380 WhatsApp + 252 65 910 7347.

Leave a comment

XHTML: You can use these html tags: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>

Advertisement

Smiley face

Araweelo is an Associated Network News, The most trusted source for news & Political,investigator report,Human Rights Issues,Educations,Social and Democracy ,Latest News Horn of Africa. runs Arraale Mohamoud Jama Freelance Journalist and Human Rights Activist based in Somaliland.

Chat with us on WhatsApp