ICC Premanent Premises, The Hague. Photo: by ICL Media Review (rights reserved).
ICC Premanent Premises, The Hague. Photo: by ICL Media Review (rights reserved).

ICC PTC requests OTP submit further information in consideration of opening Afghanistan investigation:  On 5 February 2018, ICC Pre-Trial Chamber III requested for a second time that the Prosecution provide it with further information to assist with its consideration of whether to authorise the opening of an investigation in the situation concerning Afghanistan.  The PTC’s request under Rule 50(4) asked the Prosecution to submit (1) “Any publicly available report from the United Nations Assistance Mission in Afghanistan…”, (2) “Any publicly available report from the Afghanistan Independent Human Rights Commission (“AIHRC”) on torture, …” (3) “The United Nations (“UN”) Secretary-General reports to the General Assembly on the topic: “The situation in Afghanistan and its implications for international peace and security”, from the years 2003, 2004, 2010, 2013, 2014, 2015, and 2017” (4) “Any publicly available report from the UN Secretary-General to the General Assembly on the topic “Children and armed conflict in Afghanistan” …” (5) “Further clarification and information … about the structure and organisation of the Islamic State operating in Afghanistan” and (6); and “Further clarification and information, to the extent possible, about the structure of the US forces for the time period after 2008; for the interrogation policies of the US forces for the time period after 2006; as well as for the conduct of the US forces for the time period after 2011.”  The Chamber noted the lack of information on these topics during certain time periods within the temporal scope with which the Prosecution seeks an investigation.  On 20 November 2017, the Prosecution submitted its request for the PTC to authorise an investigation for crimes “committed on the territory of Afghanistan from 1 May 2003 onwards, as well as crimes committed within the context of the situation in other States Parties from 1 July 2002 onwards.”  The PTC requested that the information be submitted to the PTC in two batches; one on 9 and the other on 12 February. (ICC PTC Order)