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The decision of Pre-Trial Chamber II (PTC II) of the International Criminal Court (ICC) to reject the Prosecutor’s request to open an investigation for alleged crimes against humanity and war crimes in the territory of the Islamic Republic of Afghanistan (Afghanistan) seems controversial, in particular with regard to the legal, but above all the political aspects of the decision. This decision raises an important legal question about the combined interpretation of Articles 15(3) and 53(1)(c) of th...

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