ICC Afghanistan Probe
45 Articles
Dissecting the Executive Order on Int’l Criminal Court Sanctions: Scope, Effectiveness, and Tradeoffs
An expert breakdown of what's in President Trump's executive order, how it works exactly, and what comes next.
ICC Afghanistan Torture Investigation Likely to Turn on Criminal Intent
Good-faith reliance on advice of counsel is a well-established defense in U.S. criminal law, but it has not yet been tested at the ICC.
Is Pompeo Unintentionally Helping Out the International Criminal Court?
While likely doing little to dissuade those at the ICC and elsewhere who are committed to seeking accountability for the United States’ previous rendition and torture program,…
The “Interests of Justice” at the ICC: A Continuing Mystery
David Luban explains how the ICC Appeals Chamber missed an opportunity to clarify what "interests of justice" the Prosecutor must consider in authorizing an investigation in the…
Int’l Criminal Court’s Afghanistan Decision Expands Prosecutor’s Power: What to Expect Next
The Appeals Chamber of the International Criminal Court (ICC) authorized a formal investigation into alleged crimes committed during the war in Afghanistan on Thursday, overturning…
National Security at the United Nations This Week (Feb. 29 to Mar. 6)
Editor’s Note: This is the latest in Just Security’s weekly series keeping readers up to date on developments at the United Nations at the intersection of national security,…
ICC Holds Historic Hearing on U.S. Torture and Other Grave Crimes in Afghanistan
While “high crimes and misdemeanors” dominated the news cycle in Washington this month, the focus in The Hague was on grave crimes and mistreatment. Just days before the International…
Deconstructing the Int’l Criminal Court’s Decision on Afghanistan
The decision of the International Criminal Court’s Pre-Trial Chamber II refusing to open an investigation into crimes committed in Afghanistan establishes a new Rome Statute…
National Security at the United Nations This Week
The ICC rejects prosecutor Bensouda's request to open an investigation into the situation in Afghanistan, the UN calls for a ceasefire amid escalations in Libya, and Sudanese President…
Amid US Attacks, Time to Reinvigorate the ICC
At a time when “multilateralism” is a bad word, perhaps no institution is more scorned than the International Criminal Court (ICC), whose global ambitions, legal justifications…
Does Trump Have Legal Authority to Follow Through on John Bolton’s Threats to the Int’l Criminal Court?
Many observers have already written, on Just Security and elsewhere, of how National Security Advisor John Bolton’s predictable attack on the International Criminal Court…
Countries’ Reactions to Bolton’s Attack on the ICC
Here we lay out the reactions of different states that we’ve managed to gather so far after looking for statements by all 123 States Parties to the Rome Statute, as well as some…