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.
Khan was ousted from the court over sexual misconduct allegations earlier this year.
