International Criminal Court (ICC) judges have formally closed part of the court’s investigations into Afghanistan, including inquiries into alleged crimes by US troops and the Islamic State Khorasan (ISIS-K) militia, while narrowing the focus to actions by the Taliban since 2021.
Court documents showed that the decision formally ended the investigations into alleged crimes by US forces, which had been dormant since 2021, as well as the probe into ISIS-K.
The office of the prosecutor told Reuters on Friday that it had appealed against the decision but declined to provide further details.
The latest development marks another step in a legal dispute between prosecutors and judges over the Afghanistan investigation.
It also comes after the United States imposed institutional sanctions against the ICC, citing its opposition to arrest warrants issued for Israeli officials and the court’s investigation into the actions of US soldiers in Afghanistan.
ICC splits Afghanistan investigations
Earlier this year, judges ordered prosecutors to divide the Afghanistan investigations into two separate cases.
One focuses on alleged crimes committed by the Taliban since 2021, while the other covers the original Afghanistan investigation, which included alleged war crimes by US troops but had shifted towards examining the activities of ISIS-K.
Judges said they decided to close part of the investigation because prosecutors had failed to demonstrate that they could effectively investigate allegations in Afghanistan beyond the Taliban-related probe.
However, the separation of the cases means arrest warrants issued against four Afghan Taliban leaders remain in effect.
The warrants were issued over alleged persecution of women.
US concerns over ICC jurisdiction
It remains unclear whether formally closing part of the Afghanistan investigation will be sufficient to address US concerns about the ICC exercising jurisdiction over American nationals.
The decision does not alter the court’s founding statute, which allows it to prosecute individuals accused of committing atrocity crimes on the territory of ICC member states.
