Testing the boundaries of the ICC's jurisdiction in the Afghanistan situation

Abstract

There are three situations currently under investigation by the International Criminal Court (ICC) in which the alleged criminal conduct does not fall squarely within the territorial borders of one State. The situation in Bangladesh/Myanmar, for example, involves allegations of cross-border crimes against humanity including the deportation of members of the Rohingya ethnic minority from Myanmar to Bangladesh.[1] The ICC Prosecutor is also investigating crimes alleged to have been committed in the Palestinian territories occupied by Israel, including Gaza and the West Bank.[2] The third such investigation, and the focus of this article, is the situation in Afghanistan. The Prosecutor is investigating evidence of war crimes committed in connection with the armed conflict in Afghanistan, which includes crimes that allegedly took place on the territories of Romania, Lithuania and Poland.[3]