The Prospect of Overcoming the Obstacles of the Jurisdiction of the International Criminal Court in the Situation of Afghanistan

The prosecution of war crimes in the ICC relies on the criteria provided in its statute. This situation is a manifestation of the fulfillment of the criminal sanctions in violation of the breach of the Four Geneva Conventions, which did not exist before. The situation in Afghanistan before the ICC is eligible due to the crimes committed by U.S. military forces and CIA personnel. However, the U.S. government is trying to obstruct and sabotage in various ways; so, that the ICC does not exercise its jurisdiction. it is important in this regard to examine the dimensions of the ICC’s jurisdiction in the situation of Afghanistan, including the nature of war crimes within the framework of the Rome Statute and the grounds of its preparation to the lack of legal barriers to the exercise of supplementary jurisdiction and the ineffectiveness of U.S. government sabotage. The research method in this article is descriptive-analytical to answer a question. What is the impact of the U.S. government’s actions and sabotages on the ICC’s jurisdiction in the situation of Afghanistan? The findings of the research show that the confirmation (approval) of some criminal behavior in the form of the government’s executive policy, the prosecution of some soldiers for some of the war crimes in domestic courts, or the sanctions of the prosecutor and judges of the International Criminal Court do not prevent the application of the jurisdiction of the International Criminal Court.