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In October 2022, Pre-Trial Chamber II of the International Criminal Court had to decide on whether the Prosecutor could resume its investigations into the situation in Afghanistan. In doing so, the Court was confronted with the issue of the identification of the authorities representing the State before it, given that in August 2021, pending the proceedings before the Court, the Taliban regime was established in Afghanistan. The Court, however, avoided to delve into the issue, adopting a very cautious approach. While this caution appears to be in line with existing case law, the solution adopted by the Court is nevertheless problematic, inasmuch as it seems to depart from a previous decision by the same Chamber and risks undermining the latter's ability to demand that Afghanistan respect its obligation to cooperate with the Court.
