ICC Prosecutor Seeks to Resume Investigation into Afghanistan [1]
On September 27, 2021, ICC Prosecutor Karim A.A. Khan QC issued a statement [3] outlining his application to resume the investigation into the Situation in Afghanistan. The ICC investigation was suspended in March 2020, following a request by the Government of Afghanistan to defer the investigation to Afghan national authorities. However, as Khan states, "[r]ecent developments in Afghanistan and the change in the national authorities, represent a significant change of circumstances with import for our ongoing assessment of the deferral request" and that "there is no longer the prospect of genuine and effective domestic investigations into Article 5 crimes within Afghanistan." Therefore, Khan has applied for permission to resume the investigation, but notes that, given the limited resources of the Prosecutor's Office, the focus of the investigation will be "on crimes allegedly committed by the Taliban and the Islamic State – Khorasan Province." The statement continues: "The gravity, scale and continuing nature of alleged crimes by the Taliban and the Islamic State, which include allegations of indiscriminate attacks on civilians, targeted extrajudicial executions, persecution of women and girls, crimes against children and other crimes affecting the civilian population at large, demand focus and proper resources from my Office, if we are to construct credible cases capable of being proved beyond reasonable doubt in the courtroom." Khan also acknowledges that, although there does not at present seem to be a "prospect of genuine and effective domestic investigations into Article 5 crimes within Afghanistan," the door is open for a time when such an investigation could occur.