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Overruling a decision of the ICC Pre-Trial Chamber, the ICC Appeals Chamber authorized an investigation by the ICC prosecutor's office into alleged international crimes in


  • Overruling a decision of the ICC Pre-Trial Chamber, the ICC Appeals Chamber authorized an 
    investigation by the ICC prosecutor's office into alleged international crimes in Afghanistan, 
    including crimes that may have been committed by US military personnel. The ICC 
    prosecutor's office then accepted a request from Afghanistan to prosecute these crimes 
    domestically. As the Taliban returned to power, the ICC re-opened its investigation, but 
    decided to "de-prioritize" conduct by actors other than the Taliban or ISIS (i.e. excluding 
    conduct by the US military from the investigation). 
    i. Present the most compelling legal argument under international law for the ICC's 
    authority to continue: (a) its investigation into Afghanistan; and (b) its investigation 
    into the conduct of the US military. Also present the most compelling legal argument 
    against the ICC continuing its investigation into Afghanistan and including the US 
    military in its investigation. 
    ii. Take and defend a position on which legal argument on the ICC's authority to 
    investigate is the most compelling. 
    iii. Provide a political analysis that assess the controversy from the viewpoint of 
    international politics: Are there political arguments that support or are at odds with 
    your conclusion on the ICC's legal authority to investigate? Are there political 
    explanations that help us to better understand the ICC's decisions or the controversy 
    over the Afghanistan investigation?


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