EJIL: Talk! Commentary on ICC Decision Not to Investigate the Situation in Afghanistan

A two-part blog commentary by Dapo Akande and Talita de Souza Dias scrutinises the ICC Pre-Trial Chamber’s recent decision to reject the Prosecutor’s request for authorisation to conduct an investigation into the situation in Afghanistan.

The authors summarise some of the existing criticisms of this development, and contribute to the ongoing discussion by examining two particular points of contention: 1) the impacts of the Pre-Trial Chamber’s decision on the “interests of justice” [in part 1]; and 2) the way the Pre-Trial Chamber’s decision dealt with IHL and the territorial application of war crimes in NIACs [in part 2, forthcoming].