In a ruling that quietly redraws the map of accountability for the long Afghan war, judges at the International Criminal Court have closed the inquiry into alleged atrocities by American troops, along with the probe into the Islamic State's Khorasan affiliate, and turned the court's gaze back toward the Taliban's conduct since their return to power in 2021. The decision, issued on a Thursday and made public the next day, rests on the court's own admission that it could not reliably gather the evidence it needed. Yet the matter is far from settled, since the prosecutor has already lodged an app
ICC Halts Probe into Alleged US Troop Crimes in Afghanistan, Refocuses on Taliban
It closes the line of inquiry into US troops, dormant since 2021
Mark
Let's start simple. What exactly did the judges decide?
Mimi
They halted the prosecutor's investigation into alleged crimes by US troops in Afghanistan and told the office to focus on the Taliban since 2021. The ISKP probe was closed too.
Mark
What reason did they give?
Mimi
Significant limitations on the prosecution's ability to investigate and secure evidence.
Luke
That's the court's stated reason. The reporting doesn't say whether US sanctions or pressure played any role, only that the decision follows the feud. Following is not the same as caused by.
Mark
Fair. But the sanctions are part of the backdrop?
Mimi
Yes. Washington sanctioned 13 current and former ICC staff, over the US-personnel investigation and the warrants against Israeli officials. Rubio has talked about dismantling the court brick by brick.
Mark
And the American strand was already quiet.
Mimi
Since 2021, when Karim Khan said he would deprioritise it, citing trouble gathering evidence. Khan was later ousted over misconduct allegations.
Luke
Worth noting the prosecutor's office has appealed. So this isn't final, and we don't know the timeline or the odds.
Mark
Will it change how Washington treats the court?
Luke
Unknown. The source says that's unclear, and the US doesn't recognise the court's jurisdiction anyway.
Der Puls
- Judges halted the American and ISKP investigations, citing limits on the prosecution's ability to secure evidence.
- The prosecutor has refused to accept the ruling and has already filed an appeal.
- Washington, which is not an ICC member, has sanctioned 13 court staff and vowed to dismantle the institution brick by brick.
- The Taliban strand continues, with four arrest warrants for Taliban leaders already issued last year, and the appeal now decides whether the American file reopens.
In a ruling that quietly redraws the map of accountability for the long Afghan war, judges at the International Criminal Court have closed the inquiry into alleged atrocities by American troops, along with the probe into the Islamic State's Khorasan affiliate, and turned the court's gaze back toward the Taliban's conduct since their return to power in 2021. The decision, issued on a Thursday and made public the next day, rests on the court's own admission that it could not reliably gather the evidence it needed. Yet the matter is far from settled, since the prosecutor has already lodged an appeal, and the outcome will shape not only one country's reckoning with war but the wider and fraught struggle between a court of nations and a superpower that refuses to answer to it.
Judges at the International Criminal Court have ended the prosecutor's investigation into alleged crimes by American troops in Afghanistan, and turned their attention to the Taliban's conduct since 2021. The ruling was issued on Thursday and published on Friday. The judges cited "significant limitations" on the prosecution's ability to investigate and secure evidence. The same decision also closes the probe into the ISIL affiliate in Khorasan Province, known as ISKP.
The prosecutor's office has not accepted the outcome and says it has already appealed. The original investigation, opened in 2020, covered alleged offences since 2002 by Afghan government forces, the Taliban, American troops and US foreign intelligence operatives. The American strand had stalled since 2021, when then-prosecutor Karim Khan moved to deprioritise it over evidence difficulties. Khan was later ousted over sexual misconduct allegations.
The ruling lands amid open hostility between Washington and the court. The United States has sanctioned 13 current and former ICC staff, linked to both the Afghan inquiry and arrest warrants for Israeli officials. Secretary of State Marco Rubio has said the administration will never allow the court to prosecute Americans. The Afghan case rests on solid legal ground: Afghanistan is a member state, and the court can prosecute atrocity crimes committed on its territory, even by nationals of non-member states. The Taliban track goes on, and the appeal will decide whether the American file returns.
Judges at the International Criminal Court have ended the prosecutor's investigation into alleged crimes by American troops in Afghanistan, and have directed the court's attention to the Taliban's conduct since 2021. The ruling was issued on Thursday but only made public on Friday, when the court documents were released.
The judges pointed to what they called "significant limitations to the Prosecution's ability to conduct its investigations and secure evidence." The decision does not stop at the American line of inquiry. It also closes the probe into the ISIL affiliate in Khorasan Province, known as ISKP.
The prosecutor's office has not accepted the outcome. It told The Associated Press and Reuters that it has already appealed.
The investigation dates to 2020 and was broad in scope. It covered offences allegedly committed since 2002 by Afghan government forces, the Taliban, American troops and US foreign intelligence operatives. The American strand had been dormant since 2021, when Karim Khan, then the prosecutor leading the probe, announced he would "deprioritise" it, citing the difficulty of obtaining evidence. Khan was later ousted from the court over sexual misconduct allegations earlier this year.
The ruling arrives after a bitter stretch between Washington and the Hague-based court. The United States sanctioned 13 current and former ICC staff members, a move tied to the investigation into alleged crimes by US personnel and to arrest warrants issued against Israeli officials. US Secretary of State Marco Rubio has been blunt about the administration's position. "President Trump will never allow the International Criminal Court to prosecute Americans," he said previously. In an October statement he added that the United States "will continue its campaign to dismantle the ICC, brick by brick, until Americans are threatened no longer."
The legal footing for the Afghan case was never in doubt on the court's own terms. Its founding statute allows it to prosecute anyone accused of atrocity crimes committed on the territory of member states, and Afghanistan is one. The United States is not a member and does not recognise the court's jurisdiction.
The Taliban strand of the investigation continues. Last year the court issued four arrest warrants for Taliban leaders.
It is not clear whether ending the American inquiry will soften Washington's stance toward the court. What to watch is the outcome of the prosecutor's appeal, and whether US pressure on the ICC eases or continues.
Bemerkenswerte Zitate
President Trump will never allow the International Criminal Court to prosecute Americans.— US Secretary of State Marco Rubio
The court cited significant limitations to the Prosecution's ability to conduct its investigations and secure evidence.— ICC judges' ruling
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