Situation in the Islamic Republic of Afghanistan

Judgment on the Appeal Against the Decision on the Authorisation of an
Investigation into the Situation in the Islamic Republic of Afghanistan

The ICC's Appeals Chamber decided to authorize the Prosecutor to proceed to investigate alleged war crimes committed in Afghanistan by American and Taliban forces. The Pre-Trial Chamber had previously rejected the Prosecutor's request to authorize an investigation, arguing that such an investigation was not in the interests of justice. The Appeals Chamber ruled that the Pre-Trial Chamber erred in considering the interests of justice, and should have solely considered whether crimes were actually committed and whether the ICC has jurisdiction over the territory.

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