ICC News – Statement of ICC Prosecutor regarding her decision to request judicial authorisation to commence an investigation into the Situation in the Islamic Republic of Afghanistan

Today, the Situation in the Islamic Republic of Afghanistan has been assigned to a Pre-Trial Chamber of the International Criminal Court (‘ICC’ or the ‘Court’), following my decision to request authorisation to open an investigation into crimes alleged to have been committed in connection with the armed conflict in that State.

For decades, the people of Afghanistan have endured the scourge of armed conflict.  Following a meticulous preliminary examination of the situation, I have come to the conclusion that all legal criteria required under the Rome Statute to commence an investigation have been met.  In due course, I will file my request for judicial authorisation 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.  It will be for the Judges of the Court’s Pre-Trial Chamber, constituted by the Presidency, to decide whether I have satisfied them that the Statute’s legal criteria to authorise opening an investigation are fulfilled.

Given the limited temporal scope of the Court’s jurisdiction, my request for judicial authorisation will focus solely upon war crimes and crimes against humanity allegedly committed since 1 May 2003 on the territory of Afghanistan as well as war crimes closely linked to the situation in Afghanistan allegedly committed since 1 July 2002 on the territory of other States Parties to the Rome Statute.  The Court has no jurisdiction respecting crimes alleged to have been committed before those cut-off dates.

Should the Pre-Trial Chamber grant my request, my Office will investigate, within its mandate and means, in an independent, impartial and objective way, crimes within the Court’s jurisdiction allegedly committed by any party to the armed conflict.

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