Deferral request under article 18(2) of the Rome Statute. The situation in Afghanistan under Taliban

Academic Paper from the year 2021 in the subject Law - European and International Law, Intellectual Properties, grade: 2.0, , course: International Law; International Criminal Law, language: English, abstract: This paper seeks to engage critically with the overarching legal issues basically revolving around the Afghanistan deferral request under article 18(2) of the Rome Statute , in the aftermath of the Taliban takeover of power in Afghanistan. In the two weeks preceding the completion of withdrawal of the US forces from Afghanistan, which was initially scheduled for 30 August 2021, the Taliban took over control of power in Afghanistan in an unprecedented rapid fashion. This takeover occasioned a hasty and abrupt exit, from power, of the erstwhile civilian administration, thereby engendering a complete collapse of the existing political regime. It also engendered considerable legal discourse and concern about the status of the outstanding Afghanistan deferral request, at the time pending at the International Criminal Court. This paper makes a participatory contribution to the legal discourse.

Dr. Milton Owuor, holds a doctorate in International criminal law. He is Member of International Law Association. He is the Founder Director of ICRJustice Center; Chair of the Expert Professorial Discourse Panel (ICRJustice Center at https://www.icrjustice.org/index.php/about-us/). He also lecturers in international law, international human rights law and constitutional law He was 'called to the Bar' to practice as an Advocate in 1995. He won the prestigious HHM Merit Prize for being the Best Law Student -academic year 1989/90. He has published widely within the realm of legal academia. His doctoral research entitled 'The International Criminal Court and Positive Complementarity: Legal and institutional framework' makes far reaching recommendations for the restructuring and reform of the secretariat of the Assembly of States Parties of the International Criminal Court.