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ALINA GENTIMIR, The Impact of the Decision of the Chamber of the International Criminal Court ...

Abstract: The paper intends to underline the current challenges on the legitimacy and efficiency of the international criminal system.  The Prosecutor’s request of authorization from Pre-Trial Judges to initiate an investigation into alleged war crimes and crimes against humanity in relation to the armed conflict in the Islamic Republic of Afghanistan since 1 May 2003, as well as regarding similar crimes related to the armed conflict in Afghanistan allegedly committed in the territory of other States Parties to the Rome Statute since 1 July 2002, rejected unanimously on 12 of April 2019, has created, once again, questions on the independence and impartiality of the International Criminal Court. The reason invoked by ICC judges been no less than that an investigation in this case would not serve the interest of justice, thanks to the fact that the current circumstances of the situation in Afghanistan are such as to make the prospects for a successful investigation and prosecution extremely limited. This rejection, beyond its deeper political explanations caused by the direct conflict of the Court with United State, would be considered a challenge especially after the conviction of three European State – Romania, Lithuania, Poland – by the Court of Strasbourg for committing severe violations of human rights in cases related to the existence of CIA black centres as the ones from Afghanistan.

Keywords: international crimes; International Criminal Court; prosecutor; authorization.


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