The contribution devotes to jurisdictional issues of the ICC related to the prosecution of war crimes. It focuses on a historical decision adopted by the ICC’s Appeal Chamber in the context of the situation of Afghanistan on 5 March 2020 regarding the scope of application of International Humanitarian Law (IHL) and the Rome Statute: contrary to the decision of the Pre-trial Chamber, it accepted the possibility of investigating alleged crimes committed outside the territory of the state where hostilities are occurring, when there is a nexus to such non-international armed conflict. This chapter analyzes the two main theories about the territorial applicability of Common Article 3, how they have influenced the reasoning of both the Pre-Trial Chamber and the Appeals Chamber, and, finally, why the decision of the latter should not be read in the context of the ‘global battlefield’ debate, pointing out that the arguments in favor of the extraterritorial applicability of the jus in bello for the purpose of criminal prosecution should not be extrapolated to legitimize a relaxation of the rules of the jus ad bellum.