On the Submission of a Communication and Request to Initiate an Investigation to the Office of the Prosecutor. Afghan Fighters’ Violations in Syria Fall Within the Jurisdiction of the International Criminal Court. The Hague (November 20, 21, 22, 2024) – Press Release

Pursuant to Paragraph (2) of Article (15) and Paragraph (C) of Article (13) of the Rome Statute, the Office of the Prosecutor of the International Criminal Court (ICC) received a communication from the Mizan Organization for Legal Studies and Human Rights regarding violations committed by Afghan fighters in Syria that potentially constitute grave international crimes.

In its communication submitted on November 19, 2024, and during its meeting with the Office of the Prosecutor on November 20, 2024, the Mizan Organization relied on a bundle of facts and legal grounds to demonstrate the fulfillment of substantive criteria and prerequisites for the Court’s exercise of jurisdiction, in accordance with Articles (5 – 7 – 8 – 11 – 12 – 18 – 25 – 30 – 31) of the Rome Statute.

Considering Afghanistan’s ratification of the Rome Statute on February 10, 2003, and its status as a State Party since the Statute entered into force on May 1, 2003, and aiming to invite the Prosecutor to examine the facts and legal arguments included in the communication and to initiate an investigation under Articles (53 – 54) of the Statute, the Mizan Organization presented the background of the arrival of Afghan nationals to Syria, their establishment of the Fatemiyoun Brigade, and their collaboration with the Iranian Revolutionary Guard Corps (IRGC), Hezbollah, and Assad regime forces in brutal actions targeting opposition groups and civilians.

The communication referenced investigations and reports issued by UN bodies, international organizations, and Syrian entities on the involvement of pro-Iranian foreign Shiite militias in systematic and widespread practices that likely constitute war crimes, genocide, and crimes against humanity.

The Mizan Organization for Legal Studies and Human Rights called on the Office of the Prosecutor to summon witnesses under measures that respect their privacy and guarantee their protection. It explained that it had collected testimonies from residents of rural areas in Deir ez-Zor, Aleppo, Damascus, and Daraa regarding the involvement of Afghan fighters in Syria in acts of arbitrary detention, enforced disappearance, torture, extrajudicial killing, looting of property, seizure of homes and lands, besieging towns, destroying vital infrastructure, forced displacement of families, including women and children, and hostile military actions employing internationally prohibited weapons. These acts violate the principles of international humanitarian law, including distinction, proportionality, and precaution.

While these grave international crimes continue to be committed by the same perpetrators, the victims—families, children, women, and the elderly—are still awaiting the progress of investigations and trials to prevent impunity, ensure justice, and guarantee non-recurrence, which aligns with the interests of justice, the founding purpose of the ICC, and the scope of its jurisdiction.

The Prosecutor’s examination of the communication and initiation of a preliminary investigation into the raised cases will ultimately provide the Pre-Tria