The International Criminal Court Prosecutor’s preliminary examination on Afghanistan and possible impacts on accountability for secret detention and rendition

This chapter considers the International Criminal Court (ICC) Prosecutor's ongoing preliminary examination into the situation in Afghanistan. It explores the myriad of issues relating to the potential exercise of jurisdiction by the ICC over crimes connected to secret detention and rendition in the context of the USA's High Value Detainee programme. The chapter also examines the conditions for the exercise of jurisdiction by the ICC. It explores how the findings of domestic and regional courts, commissions of inquiry, treaty bodies and other mechanisms may impact on whether the ICC exercises jurisdiction. The chapter further considers the scope of the Afghanistan examination and the connections with crimes committed on the territories of European States Parties–Poland, Lithuania and Romania. It explores the possibility of pursuing a case against US citizens for acts carried out on the territory of Afghanistan or another State Party.