This article embarks on a comprehensive analysis of the International Criminal Court’s (ICC) investigation into the Afghanistan situation, marking a critical juncture in the global pursuit of justice for egregious international crimes. Amidst Afghanistan’s decades-long conflict, characterised by widespread and systematic human rights abuses and a prevailing culture of impunity, the ICC’s involvement signifies a beacon of hope for accountability and victim reparation. However, this investigation unfolds within a complex tapestry of jurisdictional, political, and operational challenges that are both emblematic of broader issues in international criminal justice and unique to Afghanistan’s socio-political landscape.
This research dissects the ICC’s strategic responses to these challenges, including case selection and prioritisation, against a backdrop of limited resources and geopolitical pressures. It reveals the inherent tensions between the lofty ideals of international law and the gritty realities of its implementation. Notably, the investigation’s scope is constrained by the ICC’s jurisdictional boundaries, which exclude numerous violations pivotal to Afghanistan’s affected communities and underscore the need for a more inclusive approach to justice.
This article argues that despite the ICC’s efforts, the path to fulfilling its foundational goals—combating impunity, preventing atrocities, and ensuring justice for survivors—is fraught with obstacles. It posits that the effectiveness of the ICC’s mission in Afghanistan hinges on integrating complementary international and local accountability mechanisms. Such a holistic approach is vital for overcoming the ICC’s operational limitations and achieving meaningful justice for Afghanistan’s victims and survivors.
Keywords: International Criminal Court, Afghanistan, international crimes, impunity, accountability, international justice, victim rights, operational challenges.
This report was written by Ehsan Qaane, RWI Research Fellow at the RWI Afghanistan Programme which is supported by The Swedish International Development Cooperation Agency, Sida.