The Conflict of Jurisdiction Between the Sending State of Foreign Military Presence and the International Criminal Court: Taking the Situation in Afghanistan as an Example
In March 2020, the Appeal Chamber of the International Criminal Court formally authorized the Office of Prosecutor to investigate the situation in Afghanistan, and the most concern of the situation was the international crimes committed by the US military in Afghanistan. The International Criminal Court has been subject to disputes over the exercise of jurisdiction over non-parties in the United States, and in accordance with customary international law, military personnel enjoy Immunity Ratione Materiae in foreign courts, and in the case of Afghanistan, there is exclusive criminal jurisdiction granted to the United States by the US-Afghanistan bilateral Status of Forces Agreement, So that the jurisdiction of the United States and the International Criminal Court may conflict. Although military personnel’s criminal immunity may be able to adjust to the jurisdiction of the International Criminal Court, when exclusive criminal jurisdiction based on bilateral treaties conflicts with the jurisdiction of an international court based on a multilateral convention, the Rome Statute, the International Criminal Court need to rely on treaty interpretation and treaty conflicts to solve the issue of jurisdiction.
The Conflict of Jurisdiction Between the Sending State of Foreign Military Presence and the International Criminal Court: Taking the Situation in Afghanistan as an Example, Humanities and Social Sciences.
Vol. 8, No. 5,
2020, pp. 152-160.
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