Afghanistan

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(Not) Investigating Kunduz and (Not) Judging in Strasbourg? Extraterritoriality, Attribution and the Duty to Investigate

  A 2009 airstrike near Kunduz, Afghanistan, that led to more than 100 casualties and was ordered by a German colonel will be the subject of oral arguments in the Grand Chamber (GC) of the European Court of Human Rights (ECtHR) in the case of Hanan v. Germany, tomorrow, 26 February 2020. On 4 September 2009, German Colonel K., who headed the Provincial Reconstruction Team (PRT) in Kunduz, which formed part of the International Security Assistance Force (ISAF) troops, ordered an airstrike on a group of individuals that killed the eight- and twelve-year-old sons of the applicant, Mr. Hanan. They had assembled around two fuel trucks that were stolen by Taliban and perceived to be a threat to the PRT base. Mr. Hanan has asked the ECtHR to decide whether Germany violated its duty to investigate. Whether the Court will do so depends on its findings on jurisdiction and attribution. …

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Whither the Aspirational ICC, Welcome the ‘Practical’ Court?

What is the promise of the International Criminal Court (ICC)? What do we, as observers, scholars, and constructive critics of the Court, believe that the ICC should do in a world of populism, altered balances of power, and persistent atrocity? Why has the Court been able to achieve so little and what would be required, in terms of…

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Reforming the International Criminal Court: Is it Time for the Assembly of State Parties to be the adults in the room?

The self-inflicted misfortunes of the International Criminal Court continue. The recent Pre-Trial Chamber decision not to authorise the opening of an investigation in Afghanistan has already generated considerable controversy (see here, here, here, here and here). The rather surprising news that Judge Ozaki would be allowed to continue to serve…

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Afghanistan and the ‘interests of justice’; an unwise exercise?

It has been more than a week now that a reference to the ‘interests of justice’ has highjacked the international criminal law blogosphere. The recent decision by the International Criminal Court’s Pre-Trial Chamber (PTC) to reject the Office of the Prosecutor (OTP)'s request for authorization to open an investigation in the Afghanistan situation, solely on the basis…

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The ICC and US Retaliatory Visa Measures: Can the UN Do More to Support the Privileges & Immunities of the Prosecutor?

On 12 April 2019, the ICC Pre-Trial Chamber II decided to reject the Prosecutor’s request to open an investigation into the situation in Afghanistan on the grounds that an investigation would not be “in the interests of justice,” though it found that the case otherwise satisfied the requirements of jurisdiction and admissibility set forth in the Rome…

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