...Overall, although the request for an investigation satisfied the ICC’s jurisdiction and admissibility requirements, “the current circumstances of the situation in Afghanistan are such as to make the prospects for a successful investigation and prosecution extremely limited” and would be unlikely to “result in meeting the objectives listed by the victims favouring the investigation.” Accordingly, the Pre-Trial Chamber concluded that an investigation at this stage would not serve the interests of justice and denied the request under Article 53 of the Rome Statute. This position generated controversy among court observers and frustration from victims; see these posts from Kevin Jon Heller and Dov Jacobs, and from Katherine Gallagher and Nikki Reisch, who represent victims. ...

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