DOI 10.37749/2308-9636-2021-7(223)-6

Bazov O. V. The International legal framework for countering International crimes in Afghanistan.

The article examines the international legal framework for combating international crimes in Afghanistan. The issues of the jurisdiction of the International Criminal Court in relation to the prosecution and prosecution of persons who have committed or ordered to commit war crimes, crimes against humanity and terrorist acts in a given country are analyzed. Attention is drawn to the organizational problems in the activities of the International Criminal Court in connection with the application of sanctions against judges and the prosecutor of this court.

The situation with the perpetration of mass international crimes in Afghanistan and the need to bring to justice the perpetrators who killed or injured thousands of civilians in Afghanistan cannot but be alarmed by the international community, which sees the events in Afghanistan as a threat to peace and international security.

As there is no effective domestic justice system for prosecuting international crimes in Afghanistan, the International Criminal Court is the most effective legal mechanism for prosecuting international criminals for committing war and other international crimes in Afghanistan. There are all the necessary preconditions for this – both the fact that the International Criminal Court, taking into account the principle of complementarity, has the necessary jurisdiction to investigate and prosecute individuals for committing international crimes, which were probably committed in Afghanistan, and that Afghanistan is a State party to the Rome Statute of the International Criminal Court and, accordingly, recognizes the jurisdiction of that court. At the same time, Afghanistan’s legal relations with the International Criminal Court in the field of combating international crimes must be carried out in accordance with international law, taking into account the principle of complementarity.

Key words: international court, international crimes, jurisdiction, sanctions, responsibility.

 

References

  1. UN, Security Council, Resolution 1267 (1999). URL: https// undocs.org/en/S/RES/1267 (1999), 15 October 1999.
  2. UN, Security Council, Resolution 1267 (1999). URL: https// undocs.org/en/S/RES/2593 (2021), 30 August 2021.
  3. Rome Statute of the International Criminal Court. URL: http://zakon3.rada.gov.ua/laws/show/995_588.
  4. Vienna Convention on the Law of Treaties, 23 May 1969. URL: https// zakon.rada.gov.ua/laws/show/995_a04#Text.
  5. UN, General Assembly, A/75/324, 24 August 2020. URL: https//icc-cpi.int/itemsDocuments/A_75_324/ A_75_324_R, 15 October 1999.
  6. Eurointegration.сom.ua/news /2020/09/3/