Submission by Reprieve and the Foundation for Fundamental Rights Pakistan against the decision of the Pre-Trial Chamber II to not authorise the opening of an investigation into the situation in Afghanistan.

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Pursuant to the Appeals Chamber’s decision authorising cross-border victims to file observations, the submission covers three issues: (i) the legal standing of cross-border victims, (ii) the Pre-Trial Chamber power (or lack of) to make an interest of justice determination, and (iii) the scope and legal effect of the decision to authorise an investigation.

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Reprieve and the Foundation for Fundamental Rights Pakistan represent victims of crimes committed in Pakistan but launched from Afghanistan in connection with the conflict in the latter country.

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