ICC judges close probe of alleged US troop crimes in Afghanistan, focus on Taliban

Judges at the International Criminal Court (ICC) have issued a decision to close the part of the prosecutor's Afghanistan investigation that covered alleged crimes by US troops. The investigation is to focus instead only on actions of the Taliban since 2021. Reuters and Al Jazeera both cite court documents.

The outlets describe the scope of the closure differently. Reuters reports that the judges formally closed part of the prosecutor's Afghanistan investigations, and Al Jazeera says they halted the investigations into alleged crimes by American troops. Anadolu Agency's headline says the court closed the original Afghanistan war crimes investigation.

Details reported by Al Jazeera

According to Al Jazeera, the ruling was issued on a Thursday and made public the following day. The broadcaster said the ruling cites "significant limitations to the Prosecution’s ability to conduct its investigations and secure evidence".

Al Jazeera also reported that:

• The decision closes the investigation into the ISIL affiliate in Khorasan Province (ISKP).
• The inquiry into alleged crimes by US troops had been dormant since 2021.
• The prosecutor's office told The Associated Press and Reuters that it has already appealed the decision. The Reuters summary reviewed by Vocemundi does not include this.

Background

According to Al Jazeera, the investigation began in 2020. It covered offences allegedly committed since 2002 by Afghan government forces, the Taliban, American troops and US foreign intelligence operatives. In 2021, then-prosecutor Karim Khan said he would "deprioritise" the inquiry into American forces, citing challenges in obtaining evidence. Al Jazeera reported that Khan was removed from the court earlier this year over sexual misconduct allegations. It also reported that the ICC issued four arrest warrants for Taliban leaders last year.

The United States is not an ICC member and does not recognise its jurisdiction, according to Al Jazeera. The broadcaster said the court's founding statute allows it to prosecute anyone accused of atrocity crimes committed on the territory of member states. According to Al Jazeera, the United States sanctioned 13 current and former ICC staff members over the US-related inquiry and over arrest warrants issued against Israeli officials.

The reports reviewed by Vocemundi do not establish any link between US sanctions or pressure on the court and the ruling. Al Jazeera notes the decision follows these disputes. Its subheading calls them unrelated. It gives no basis for either view.

What each side says

• ICC judges: The ruling, as quoted by Al Jazeera, cites significant limitations on the prosecution's ability to investigate and secure evidence.
• ICC Office of the Prosecutor: It has already appealed, according to Al Jazeera.
• US Secretary of State Marco Rubio: In an October statement quoted by Al Jazeera, he said: "President Trump will never allow the International Criminal Court to prosecute Americans." He added that "the United States will continue its campaign to dismantle the ICC, brick by brick, until Americans are threatened no longer."

What the reports do not say

The reports do not include the full decision or identify the judges who issued it. They do not describe the grounds of the appeal or when it may be decided. Reuters reports that the investigation will focus only on Taliban actions since 2021, which indicates that alleged crimes by other actors, such as former Afghan government forces and US intelligence operatives, are no longer covered. Al Jazeera names those groups only when describing the investigation's original scope, and none of the reports says explicitly what becomes of inquiries into them. They do not say what happens to evidence already gathered on alleged US conduct. They include no reaction from the US government, the Taliban or victims' groups.

Analysis

The ruling narrows one of the ICC's most politically sensitive cases. If the reported appeal succeeds, the inquiry into alleged US conduct could in principle be revived. If it fails, the investigation would centre on the Taliban, where the court has already issued warrants, according to Al Jazeera. The reported reasoning rests on evidentiary limits rather than jurisdiction. That distinction may matter for how other investigations involving non-member states are assessed. The reports reviewed by Vocemundi do not show whether US sanctions influenced the outcome, so any such link remains unestablished. Responses from victims' groups and governments are not yet described.

Produced by the Vocemundi newsroom with AI assistance.