When are there substantial reasons to believe that an investigation of core crimes would not serve the interests of justice?

Abstract

The Pre-Trial Chamber II has denied the Prosecutor the request for authorization of an investigation related to alleged war crimes and crimes against humanity committed in Afghanistan. The reason given has been that this investigation would not serve the interests of justice. This paper analyses the practice of the Prosecutor and Pre-Trial Chamber related to this procedure and how they have understood and applied the wording interest of justice, and the changes that this decision has effected. Furthermore, the article includes an evaluation of the decision with reference to some additional question which it raises.
These doubts are related to its ultra vires character, its lack of sensitivity to restorative justice, the powers of the Pre-Trial Chamber under Articles 15 and 53 of the Rome Statute, and the use of extra-legal factors in the determination that an investigation does not serve the interests of justice.