International Criminal Court Resumes Investigation Into Afghanistan

William Appleton
Tuesday, November 1, 2022, 12:21 PM

In an Oct. 31 decision the International Criminal Court’s Pre-Trial Chamber II found that the government of Afghanistan failed to properly investigate alleged crimes against humanity and war crimes committed in the country since May 1, 2003.

Published by The Lawfare Institute
in Cooperation With

The International Criminal Court (ICC) has authorized the Office of the Prosecutor to resume its investigation into alleged war crimes and crimes against humanity in Afghanistan. The government of Afghanistan had sought a deferral in March 2020 of the ICC’s investigation, stating that it would pursue its own investigation into the allegations, citing Article 18(2) of the Rome Statute in seeking a deferral.

In the Oct. 31 decision resuming the investigation, the ICC’s Pre-Trial Chamber II determined that the government of Afghanistan had not investigated or taken the steps to investigate the alleged crimes “in a manner that covers the full scope of the Prosecutor’s intended investigations and that would justify even a partial deferral of the Court’s investigations.” 

You can read the decision here or below:

Will Appleton is the Fall 2022 Intern at Lawfare. He is currently a fourth-year undergraduate student at the University of California, Santa Cruz where he majors in Legal Studies.

Subscribe to Lawfare