Overruling a decision of the ICC Pre-Trial Chamber, the ICC Appeals Chamber authorized an investigation by the
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Question:
- Overruling a decision of the ICC Pre-Trial Chamber, the ICC Appeals Chamber authorized an
investigation by the ICC prosecutor's office into alleged international crimes in Afghanistan,
including crimes that may have been committed by US military personnel. The ICC
prosecutor's office then accepted a request from Afghanistan to prosecute these crimes
domestically. As the Taliban returned to power, the ICC re-opened its investigation, but
decided to "de-prioritize" conduct by actors other than the Taliban or ISIS (i.e. excluding
conduct by the US military from the investigation).
i. Present the most compelling legal argument under international law for the ICC's
authority to continue: (a) its investigation into Afghanistan; and (b) its investigation
into the conduct of the US military. Also present the most compelling legal argument
against the ICC continuing its investigation into Afghanistan and including the US
military in its investigation.
ii. Take and defend a position on which legal argument on the ICC's authority to
investigate is the most compelling.
iii. Provide a political analysis that assess the controversy from the viewpoint of
international politics: Are there political arguments that support or are at odds with
your conclusion on the ICC's legal authority to investigate? Are there political
explanations that help us to better understand the ICC's decisions or the controversy
over the Afghanistan investigation?
Related Book For
International Business Law And Its Environment
ISBN: 9781305972599
10th Edition
Authors: Richard Schaffer, Filiberto Agusti, Lucien J. Dhooge
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