The authorities in Afghanistan have asked the ICC prosecutor to defer her investigation, asserting that they can conduct credible national proceedings, and the matter remains under consideration. On March 5, 2020, the ICC appeals chamber authorized the court’s prosecutor to open an investigation in Afghanistan, which could include alleged crimes committed by the Taliban, Afghan National Security Forces, and United States military and Central Intelligence Agency (CIA) personnel. It has opened more than two dozen cases based on investigations in 11 countries, most of which are ongoing. The court has been in operation since 2003. As a matter of policy, the ICC prosecutor gives priority to cases against individuals who it determines are most responsible for the crimes under the court’s jurisdiction, regardless of their official position. Currently, 123 countries are ICC members, giving the ICC authority, under its founding treaty, the Rome Statute, to investigate and prosecute crimes committed by their nationals or by anyone on their territory. Its establishment in 2002 signaled the commitment of many countries to fight impunity for the worst international crimes. The ICC is an independent judicial institution empowered to investigate and prosecute war crimes, crimes against humanity, genocide, and the crime of aggression. What is the International Criminal Court?
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