A Reflection on the Concept of "Interests of Justice" in the Situation of Afghanistan

The term "interests of justice" in articles 53(1)(c), and (2)(c) of the Rome Statute of the International Criminal Court is one of the most controversial ambiguities in the statute. Some argue that this term should be interpreted extensively and include spheres such as the "interests of peace" and "amnesty", etc. Others, on the other hand, believe that a restrictive interpretation, within the criteria set out in article 53, is correct. Considering that the severity of crimes committed in Afghanistan by the warring parties is substantial and has had profound effects on the victims, the ICC prosecutor called for an investigation into the crimes committed in that country, but the ICC pre-trial chamber rejected the request, citing the interests of justice. Subsequently, the Appeals Chamber authorized the prosecutor to conduct an investigation by rejecting the arguments given by the pre-trial chamber. In this paper, we intend to define and explain the concept of interests of justice as set out in article 53 of the ICC Statue, and then analyze and review the situation in Afghanistan in view of the criteria provided in article 53(1)(c), and (2)(c) as well as the considerations taken into account by the ICC pre-trial chamber.