16th June 2020
Rodney Dixon QC representing the Government of Afghanistan with Aidan Ellis and Anne Coulon have filed a request for the deferral of the ICC investigation of international crimes arising from the protracted conflict in Afghanistan, to the national Afghan judicial system.
The ICC Prosecutor is obliged to defer to the State concerning unless she obtains the Pre-Trial Chamber’s authority to proceed with an investigation. The procedure is provided for in Article 18 of the ICC Statute, which gives expression to the principle of complementarity, namely that States enjoy primacy over the investigation and prosecution of international crimes and the ICC is a court of last resort. This is the first deferral request to be submitted and considered at the ICC.