The International Criminal Court Prosecutor's Preliminary Examination on Afghanistan and Possible Impacts on Accountability for Secret Detention and Rendition

Extraordinary Rendition: Addressing the Challenges of Accountability, E Guild, D Bigo, M Gibney (eds) (Routledge, 2018)

21 Pages Posted: 21 Feb 2018

See all articles by Carla Ferstman

Carla Ferstman

University of Essex - School of Law

Date Written: February 9, 2018

Abstract

This chapter considers the International Criminal Court (ICC) Prosecutor’s ongoing preliminary examination into the situation in Afghanistan and explores the myriad issues relating to the potential exercise of jurisdiction by the ICC over crimes connected to secret detention and rendition in the context of the USA’s High Value detainee programme. In particular, the chapter examines the conditions for the exercise of jurisdiction by the ICC and explores how the findings of domestic and regional courts, commissions of inquiry, treaty bodies and other mechanisms may impact on whether the ICC exercises jurisdiction. The article also considers the current scope of the Afghanistan examination and the connections with crimes committed on the territories of European States Parties - Poland, Lithuania and Romania. It also explores the possibility of pursuing a case against USA citizens for acts carried out on the territory of Afghanistan or another State Party.

Keywords: ICC, Torture, Afghanistan, Extraordinary Rendition, Terrorism

Suggested Citation

Ferstman, Carla, The International Criminal Court Prosecutor's Preliminary Examination on Afghanistan and Possible Impacts on Accountability for Secret Detention and Rendition (February 9, 2018). Extraordinary Rendition: Addressing the Challenges of Accountability, E Guild, D Bigo, M Gibney (eds) (Routledge, 2018). Available at SSRN: https://ssrn.com/abstract=3121514

Carla Ferstman (Contact Author)

University of Essex - School of Law ( email )

Colchester, Essex CO43SQ
United Kingdom

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