ICC appeals chamber authorises investigation into war crimes in Afghanistan

appeals judges at International Criminal Court (ICC) authorised prosecutor to probe into alleged war crimes committed by US forces in Afghanistan. Appeals Chamber overturned decision of pre-trial judges to reject demand of prosecutor to open an extensive investigation into crimes committed in Asian nation.

In April last year, pre-trial judges at Hague-based h rejected probe demand me by prosecutor saying an investigation would t be in “interests of justice”. prosecutor filed an appeal against decision and Judge Piotr Hofmański, who presided over appeal, re out summary of appeals chamber's judgment in open court on March 5.

appeals chamber found that pre-trial chamber erred in considering “interests of justice” factor while examining authorisation request to open an investigation. Hofmański said that pre-trial chamber should have dressed only wher re was a reasonable factual basis for prosecutor to proceed with an investigation and wher potential case(s) arising from such investigation would appear to fall within Court's jurisdiction.

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'Reasonable basis'

Appeals chambers ted that pre-trial chamber’s decision contained all necessary factual findings and confirmation of a reasonable basis to consider that crimes within ICC jurisdiction have been committed in Afghanistan. Appeals judges decided to authorise opening of an investigation mselves rar than sending matter back to pre-trial chamber for a new decision.

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“ Appeals Chamber found that Prosecutor is authorised to investigate... crimes alleged to have been committed on territory of Afghanistan since 1 May 2003, as well as or alleged crimes that have a nexus to armed conflict in Afghanistan,” statement re. Judge Ibáñez Carranza filed a separate opinion on interpretation of article 15 and its relationship with article 53 of Rome Statute. 

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