ICC stops probe into alleged crimes by US troops in Afghanistan
Court shifts focus to Taliban actions since 2021 amid US sanctions and political pressure
Quick Look
- ICC judges have halted investigations into alleged crimes by US troops in Afghanistan and shifted focus to Taliban actions since 2021, citing significant limitations on evidence gathering.
- The decision follows US sanctions on ICC staff and Secretary of State Marco Rubio's threats to dismantle the court.
AI-generated summary
Why It Matters
The ICC 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, prosecutor Karim Khan announced he would deprioritise the investigation into American forces. The US is not a member of the ICC and does not recognise its jurisdiction. The court issued four arrest warrants for Taliban leaders last year.
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".
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.
It 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 prosecutor's office told The Associated Press and Reuters news agencies that it has already appealed the decision.
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.
The ICC issued four arrest warrants for Taliban leaders last year.
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.
What to Watch
AI outlook — possibilities, not facts
The ICC prosecutor's office will pursue its appeal of the decision to halt investigations.
Likely · Within weeks
The US will continue its campaign to pressure or dismantle the ICC.
Possible · Within months
Open Questions
- Will the ICC's decision affect Washington's stance on the court?
- What specific evidence limitations prevented the prosecution from continuing?
- What is the status of the prosecutor's appeal?
- Will the US continue its campaign to dismantle the ICC despite the decision?
