ICC judges halt investigation into alleged crimes by US troops in Afghanistan

Judges at the International Criminal Court (ICC) have issued a decision to halt the prosecutor’s investigations into alleged crimes by American troops in Afghanistan and instead to focus on the Taliban’s actions since 2021, according to court documents released on Friday. The ICC’s ruling, which was issued Thursday but only made public on Friday, cites “significant limitations to the Prosecution’s ability to conduct its investigations and secure evidence”.

Investigation scope and history

The decision closes not only the line of inquiry into alleged crimes by US troops, which had lain dormant since 2021, but also the probe into the ISIL affiliate in Khorasan Province (ISKP). The investigation in Afghanistan began in 2020, covering offences allegedly committed by Afghan government forces, the Taliban, American troops and US foreign intelligence operatives dating back to 2002. In 2021, Karim Khan, the probe’s prosecutor, announced he would “deprioritise” the investigation into American forces, citing challenges in obtaining evidence. Khan was ousted from the court over sexual misconduct allegations earlier this year.

US position and related proceedings

The decision follows feuds between the United States and the Hague-based ICC, notably after Washington sanctioned 13 current and former ICC staff members over the investigation into alleged crimes by US personnel and arrest warrants issued against Israeli officials. US Secretary of State Marco Rubio previously said, “President Trump will never allow the International Criminal Court to prosecute Americans.” In the October statement, Rubio also warned that “the United States will continue its campaign to dismantle the ICC, brick by brick, until Americans are threatened no longer.” It is not clear if the court’s decision to stop the investigation will affect Washington’s stance on the ICC. Regardless, the US is not a member of the court and does not recognise its jurisdiction. The court’s founding statute says that it can prosecute anyone accused of atrocity crimes committed on the territory of ICC member states.

Procedural developments and appeals

The prosecutor’s office told The Associated Press and Reuters news agencies that it has already appealed the decision. Separately, on 5 October 2026, Pre-Trial Chamber II of the ICC unsealed four warrants of arrest against senior Taliban leaders in the Situation in Afghanistan. The warrants, which were initially issued under seal on 8 July 2025 and 9 September 2025, concern the charge of gender persecution as a crime against humanity under Article 7(1)(h) of the Rome Statute. On 15 July 2026, Pre-Trial Chamber II ordered the Prosecution to open a separate investigation into the Situation in Afghanistan concerning “crimes committed against women and girls after the Taliban takeover in 2021.” In November 2024, six States Parties—Chile, Costa Rica, Spain, France, Luxembourg and Mexico—made a referral under Articles 13 and 14 of the Statute requesting “the Prosecutor to consider the crimes committed against women and girls after the Taliban takeover in 2021 within its investigation into the Situation in the Islamic Republic of Afghanistan.” On 5 November 2026, the Pre-Trial Chamber issued an order to transfer court records, including the four arrest warrants, to the (new) Situation in Afghanistan II. On 11 November 2026, the Appeals Chamber issued an Order permitting the legal representatives of victims and the Office of Public Counsel for Victims, and the six State Parties from the Referral to file written submissions by 3 December 2026, followed by a response by the Prosecution by 17 December 2026.

Why it matters

The ruling narrows the ICC’s Afghanistan investigation to focus on the Taliban and ISKP while removing the dormant inquiry into US troops from active proceedings. The prosecutor’s appeal and the separate proceedings over Taliban arrest warrants mean the legal status of the investigation remains unresolved, and the US government has not indicated whether the decision changes its campaign against the court.

---

Sources

• aljazeera.com: ICC stops probe into alleged crimes by US troops in Afghanistan | ICC News | Al Jazeera
• ejiltalk.org: Splitting the ICC’s Afghanistan Investigation: Judicial Oversight or Overreach? – EJIL: Talk!

This article was drafted with AI assistance and checked against the sources above. Company claims are reported as claims. Cover image is AI-generated.