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The CFI allows the Prosecutor’s Office to appeal the decision not to investigate crimes committed in Afghanistan

September 17, 2019


The International Criminal Court (ICC) on Tuesday authorized the chief prosecutor, Fatou Bensouda, to appeal the decision of the Hague court not to open a formal investigation into war crimes and crimes against humanity committed in the context of the war in Afghanistan, which would include both the Taliban and international troops, including those from the United States.

On April 12, the ICB Chamber of Prejudice rejected the Prosecutor’s request to open a formal investigation into Afghanistan on the grounds that, although there is a legal basis, there is currently little chance of success due to the lack of collaboration between the parties. affected.

Bensouda appealed the decision on June 7 to consider that this preventive closure “could affect not only the outcome of an eventual trial, but also the very possibility that such a trial will take place,” a resource that was supported days later by a group of victims

The Chamber of Prejudice has given free passage on Tuesday to review its decision in the “interest of justice.” “Once the Prosecutor's Office presents its appeal, it will be up to the Appeals Chamber to decide whether or not to confirm the decision of the Chamber of Prejudice,” the high court said in a statement.

The ICP initiated a preliminary examination in 2006 of the crimes committed in Afghanistan, although Bensouda believes that the Prosecutor's Office is ready to take another step towards the formal investigation, which could lead to a trial.

The Chamber of Prejudice agreed with her that “there is a reasonable basis to consider that crimes have been committed in Afghanistan under the jurisdiction of the ICC”, but declined to go one step further by considering that “the expectations of success (…) are extremely limited. ”

US President Donald Trump celebrated the decision as “a great victory.” “Any attempt to attack Americans, Israelis or allied personnel to process them will receive a quick and strong response,” said the White House tenant.

The United States announced on March 15 that it would deny visas to TPI staff and revoke those that had already been granted, with the aim of preventing a possible investigation into the alleged crimes of US forces in Afghanistan.

The Trump administration fulfilled its threat and withdrew the visa to the chief prosecutor of the ICC, although it may continue to enter the United States when it comes to travel related to the United Nations, which is headquartered in New York.