INTRODUCTORY NOTE TO DECISION PURSUANT TO ARTICLE 15 OF THE ROME STATUTE ON THE AUTHORISATION OF AN INVESTIGATION INTO THE SITUATION IN THE ISLAMIC REPUBLIC OF AFGHANISTAN (INT'L CRIM. CT.)

摘要

On April 12, 2019, Pre-Trial Chamber II of the International Criminal Court (ICC) issued a decision pursuant to Article 15 of the Rome Statute of the ICC (Rome Statute) refusing to authorize an investigation into the situation in the Islamic Republic of Afghanistan (the Decision). The Decision is significant from a legal perspective because it is the first time the Pre-Trial Chamber has held that there is a reasonable basis to believe that crimes falling within the jurisdiction of the ICC have been committed, but decided not to authorize the commencement of an investigation. The Decision is also significant for victims because it means that unless a further authorization is sought from the Prosecutor or a pending appeal is successful, redress will most likely need to come at the national level.