Under Construction Journal Issue 6.1 UNDER CONSTRUCTION JOURNAL 6.1 | Page 95

this piece holds that there is an underlying determination for the OTP to succeed in this appeal hearing
due to the historic and contemporary denunciations and negative actions against the Court and its ability
to operate 36 .
Unfortunately for the OTP and the ICC, whatever the outcome of the appeal, this is not the case
that is going to change the discourse on US criticism. Nevertheless, what this case represents is an
opportunity for those affected by the conflict to achieve justice for alleged crimes within the jurisdiction
of the ICC at a time when any resolution to the conflict appears to be taking one step forward and two
steps back 37 . Thus, one would argue that this is where the FCPAHT submission will be at its most important
given that collectively they hold an incredible wealth of knowledge and experience in this regard given
the political instability and fluid situations that they had to work with in Nuremberg, the former
Yugoslavia, Rwanda and Sierra Leone. As such, one would even go so far as to say that any such submission
from a party such as the FCPAHT is symbolically important for the OTP and has only sought to benefit her
position.
Finally, the FCPAHT state that ‘the current appeals provide a critical moment for the Appeals
Chamber to reaffirm the principle of prosecutorial independence and instil confidence in the ICC process
by authorising an investigation into the situation in Afghanistan.’ 38 This contention is one that this piece
can ascribe to given the issues raised by the FCPAHT and the broader context in which this case is taking
place.
ECLJ
The second amicus curiae submission that this piece will appraise is from the ECLJ. The ECLJ is a Christian-
inspired, international non-governmental organisation that seeks to promote and protect human rights
in Europe as a partner of the American Center for Law and Justice (ACLJ). From the outset, it must be
stated that this submission starkly contrasts to the one submitted by the FCPAHT as it firmly supports the
US position. This is illustrated by the positions of two key members of the ECLJ, Jordan Sekulow and his
36
supra n. 4; supra n. 5.
“Trump Says Taliban Peace Talks to Resume During Surprise Afghanistan Visit”, Alex Leary, Vivian Salama & Craig
Nelson, accessed 28 November 2019, https://www.wsj.com/articles/trump-makes-surprise-visit-to-afghanistan-
11574968770; “Afghan peace deal: Trump says Taliban talks are dead”, BBC News, accessed 26 November 2019,
https://www.bbc.co.uk/news/world-us-canada-49642655.
38
supra n.14, 12.
37
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