The Study of Legitimacy of Starting International Criminal Court Investigation on the Actions of American Troops in Afghanistan

Abstract

International Criminal Court (ICC) accepted the Prosecutor demand to start the investigation on the crimes by the American troops in Afghanistan, in March 5, 2020. But the challenge that ICC will be faced is that there is an Agreement (called SOFA) between United States and Afghanistan that if American troops commit a crime in Afghan territory, they will be under the exclusive jurisdiction of their own country namely USA. The United States has Argued that Afghanistan has no right about the American troops so they cannot hand over this right to ICC due to the membership in ICC. So we face with two contradict conventions that Afghanistan has signed: First the Statute of the ICC and second the agreement between Afghanistan and USA. The aim of this article is to study the challenges that ICC is faced to start the investigation on the American troops in Afghanistan and to answer the conflicts between the conventions signed by Afghanistan.

Keywords

• international criminal court
• sofa agreement
• conventional conflict
• american troops