ICC Halts Probe Into US Troops in Afghanistan, Turns Focus to Taliban

The International Criminal Court's judges have ordered a halt to the prosecutor's investigations into alleged crimes by American troops in Afghanistan, according to court documents released Friday. The ruling, issued Thursday, says the prosecution faced 'significant limitations' in conducting investigations and securing evidence. Instead, the court will focus on the Taliban's actions since 2021.

The decision closes two lines of inquiry at once: the US troops probe, which had been dormant since 2021, and the investigation into the ISIL affiliate in Khorasan Province, known as ISKP. The prosecutor's office told the Associated Press and Reuters that it has already appealed the ruling.

The move lands in the middle of a running feud between Washington and the Hague-based court. The US has sanctioned 13 current and former ICC staff members over the investigation into alleged crimes by American personnel and over arrest warrants issued against Israeli officials. Secretary of State Marco Rubio said in October that 'President Trump will never allow the International Criminal Court to prosecute Americans,' and warned the US 'will continue its campaign to dismantle the ICC, brick by brick, until Americans are threatened no longer.'

The US is not a member of the court and does not recognise its jurisdiction. The ICC's founding statute lets it prosecute anyone accused of atrocity crimes committed on the territory of member states. It is not clear whether Friday's decision will shift Washington's stance.

The Afghanistan investigation opened in 2020 and covered alleged offences by Afghan government forces, the Taliban, American troops and US foreign intelligence operatives dating back to 2002. In 2021, prosecutor Karim Khan said he would 'deprioritise' the American forces track, citing difficulty obtaining evidence. Khan was ousted from the court over sexual misconduct allegations earlier this year. The ICC issued four arrest warrants for Taliban leaders last year.