The decision of the Pre-Trial Chamber of 12 April 2019 rejecting the request to open an
investigation in Afghanistan, considering that such investigation would be contrary to the
interests of justice, caused a serious crisis of legitimacy in the ICC. Although the Appeals Chamber
overturned the decision and authorized the opening of an investigation, it did not assess which
elements should be considered within the requirement of the interests of justice. This study
analyses the elements considered by the Pre-Trial Chamber as part of the expansive approach to
the interests of justice (namely the elapse of time between the commission of the crime, the lack of
cooperation and the efficient allocation of resources) and the factors mentioned by the Appeals
Chamber (the gravity of the crime and the interests of the victims). It concludes that the inclusion
of first set of elements is not only based on an erroneous legal reasoning, but it is also contrary to
the purpose and goals of the Rome Statute.