International Criminal Court judges say the court's prosecutor can appeal against the rejection of her request to open an investigation into crimes linked to the long-running conflict in Afghanistan.
In April, a panel of judges rejected the proposed investigation, saying it would not be in the interests of justice because an investigation and prosecution were unlikely to be successful as those targeted including the United States, Afghan authorities and the Taliban are not expected to cooperate.
Seeking leave to appeal, Prosecutor Fatou Bensouda said that reasoning ran contrary to the court's goal of prosecuting grave crimes when national authorities are unwilling or unable to do so.
Following Tuesday's decision, Bensouda must now file a detailed appeal that will be considered by judges, a process likely to take months.
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