Statement of the Office of the Prosecutor following the decision of Pre-Trial Chamber II concerning the Situation in Afghanistan
The Prosecutor and her Office have carefully studied the decision of Pre-Trial Chamber II delivered earlier today rejecting the request to authorise an investigation into the situation in the Islamic Republic of Afghanistan.
The Office of the Prosecutor notes that the Judges of Pre-Trial Chamber II are satisfied that there is a reasonable basis to believe that crimes under the jurisdiction of the International Criminal Court have been committed in Afghanistan, and that the requirements of gravity and complementarity have been met. The Pre-Trial Chamber then refused to authorise an investigation on its assessment of the interests of justice. The Office will further analyse the decision and its implications, and consider all available legal remedies.
The Office of the Prosecutor of the ICC conducts independent and impartial preliminary examinations, investigations and prosecutions of the crime of genocide, crimes against humanity, war crimes and aggression. Since 2003, the Office has been conducting investigations in multiple situations within the ICC's jurisdiction, namely in Uganda; the Democratic Republic of the Congo; Darfur, Sudan; the Central African Republic (two distinct situations); Kenya; Libya; Côte d'Ivoire; Mali; Georgia and Burundi. The Office is also conducting preliminary examinations relating to the situations in Bangladesh/Myanmar; Colombia; Guinea; Iraq/UK; Palestine; the Philippines; Nigeria; Ukraine, and Venezuela.