• About US
  • Our Work
Saturday, June 10, 2023
  • Login
JFJ - Journalists for Justice
  • Home
  • Communities of Justice
  • Opinion & Analysis
  • Human Rights
  • Elections
  • About US
  • Our Work
  • Careers
No Result
View All Result
  • Home
  • Communities of Justice
  • Opinion & Analysis
  • Human Rights
  • Elections
  • About US
  • Our Work
  • Careers
No Result
View All Result
JFJ - Journalists for Justice
No Result
View All Result

ICC gears up for landmark Afghanistan decision

byJournalists For Justice
March 4, 2020
in ICC Cases, ICTY
Reading Time: 2 mins read
43
A A
ICC prosecutor granted leave to appeal the decision rejecting Afghanistan investigation

Members of the The US Army's Road Clearance Package along with Blackhawk Company, 2nd Battalion 87th Infantry Regiment, based out of Fort Drum, NY, search for IED's in the Nerkh Valley in Afghanistan's Wardak province Thursday April 7, 2009. The 2-87, part of the 3rd Combat Brigade, 10th Mountain Division, were originally slated to deploy to Iraq but were re-routed to Afghanistan. They are the U.S. forces' first major push into the Wardak region that saw a heavy anti-coalition resurgence last year marking the worst since the war began in 2001 for deaths among NATO forces. In an attempt to secure Kabul from falling back into the hands of the Taliban, the US bolstered the number of forces with the deployment of the 3/10 in nearby Wardak Province, less than 30 minutes from the capital, from approximately 150 troops last year to 1500 this year. The brigade is the first substantial illustration of the U.S.'s new military focus in Afghanistan.

14
SHARES
154
VIEWS
Share on FacebookShare on TwitterShare on Whatsapp

By Thomas Verfuss

The Appeals Chamber of the International Criminal Court (ICC) will render a decision on Afghanistan on Thursday that will be crucial for the future reputation of the court.

A Pre-Trial Chamber (PTC) of the ICC declined in April 2019 to permit the opening of an investigation into the situation in Afghanistan “in the interests of justice”. Prosecutor Fatou Bensouda appealed that decision; her appeal was supported by lawyers representing thousands of victims.

The PTC judges held that the chances of success in the Afghanistan investigation would be scarce because the United States of America would not cooperate.

RelatedPosts

Former Séléka militia leader pleads not guilty as trial begins

Court lays the groundwork for closing phase in Al Hassan case

Al Hassan trial resumes after break

That fed the old cliché of “the European court for Africa” again, that had been used by African critics of the ICC for years. The court had been rejecting that cliché, saying it is impartial when it has jurisdiction. But in April 2019 ICC judges were seen to shy away from an investigation when white men could end up in the dock for the first time.

Critics of the PTC decision said that international criminal justice needs patience and perseverance. General Ratko Mladic, the military commander responsible for the only genocide in Europe after World War II, ended up in the dock of the ICTY only after almost 16 years on the UN Yugoslav tribunal’s wanted list.

Darfuri war crimes victims may finally feel the satisfaction of seeing former Sudanese president Omar al-Bashir having to appear before ICC judges – the first arrest warrant against the then strongman in Khartoum was issued in March 2009. 

Legal experts argue that the PTC applied a wrong legal test. The Rome Statute says that judges can quash a decision by the Prosecutor NOT to investigate in the interests of justice. But in the Afghanistan situation it is the other way round. This consideration may be the best chance for Bensouda to win on Thursday.

Related

Share6Tweet4Send
Previous Post

South Sudan leaders form coalition government

Next Post

ICC authorises Afghanistan investigation

Next Post
American Marine in Afghanistan 2007

ICC authorises Afghanistan investigation

Please login to join discussion

Recent Posts

  • ICJ to hold hearings on Ukraine and Russia conflict
  • The greatness of small: A story of strategic political advocacy
  • Swiss court charges Gambian ex-minister Ousman Sonko with crimes against humanity
  • Ben Ferencz, a legend of international justice
  • Old challenges, new point of view: New Registrar’s vision for the ICC

Follow us on Twitter

JFJ – Journalists for Justice

We call out impunity wherever it occurs; we advocate justice for all victims of atrocity crimes; and we work with people of goodwill everywhere who share our values.

Subscribe to our Newsletter


Loading

No Result
View All Result
  • Home
  • Communities of Justice
  • Opinion & Analysis
  • Human Rights
  • Elections
  • About US
  • Our Work
  • Careers

Copyright © 2019. Journalists for Justice has asserted its right to be recognized as creators and owners of the content here. Reproduction in part or in whole is permitted on condition that JFJ is acknowledged and notified.

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In
This website uses cookies. By continuing to use this website you are giving consent to cookies being used. Visit our Privacy and Cookie Policy.