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Southampton Law School

Professor Nina Jørgensen represented as amici curiae before Appeals Chamber of the International Criminal Court (ICC)

Published: 30 January 2020

Professor Nina Jørgensen was asked by five former chief prosecutors of international criminal tribunals to represent them on a voluntary basis in their application to intervene as amici curiae (friends of the court) in proceedings before the Appeals Chamber of the International Criminal Court (ICC).

The case concerned appeals brought by the ICC Prosecutor and Victims’ Groups against a decision by the ICC’s Pre-Trial Chamber denying the Prosecutor’s request to open a formal investigation into crimes allegedly committed in Afghanistan by Afghan forces, the Taliban and United States actors. The application to intervene was granted and Professor Jørgensen drafted and filed written submissions on behalf of the amici curiae arguing that the Pre-Trial Chamber’s decision should be overturned as it contradicted core principles of prosecutorial independence and unreasonably curtailed prosecutorial discretion ( ). Professor Jørgensen was invited to give a talk on her research into these issues at the Leuven Centre for Global Governance Studies at KU Leuven, Belgium, on 26 November 2019 ( ) and attended the hearing on the appeal at the ICC in The Hague from 4-6 December. She is due to give a further talk on these themes at the University of Nottingham School of Law on 6 February 2020.

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