THE ROLE OF ICC PROSECUTOR IN THE AFGANISTAN SITUATION
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https://orcid.org/0000-0001-6089-8877
Abstract
The present paper is concentrated on the analysis of the role of Prosecutor from a procedural and substantive point of view in the ICC according the sentence of the Appeal Chamber of 5 March 2020. The Pre-Trial Chamber has denied authorization to continue and open investigations in Afghanistan that can be prosecuted by the Prosecutor. The Appeal Chamber after Prosecutor's question overturned the preliminary ruling by deciding to continue the evaluation of the investigation into crimes against humanity and war in the Afghan territory. So are these judgments political or legal? Are the Chambers based on the ICC statute or on the commands of US foreign powers? What is the Prosecutor's role in these admissibility cases or investigations? These are some of the questions that this paper discusses and tries to clarify.
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