The decision ends a proceeding that could have examined alleged crimes by U.S. personnel, but prosecutors have appealed and a separate Taliban investigation remains active
THE HAGUE — International News Service – International Criminal Court judges have closed the court’s original Afghanistan investigation, ending a proceeding that could have covered alleged crimes by American troops, U.S. intelligence personnel, Taliban members and former Afghan government forces.
Judges cited significant limits on prosecutors’ ability to investigate and obtain evidence. The ruling does not determine whether the alleged crimes occurred, and the prosecutor’s office has appealed.
The court authorized the broad investigation in 2020. It covered alleged offences dating to the conflict that followed the 2001 U.S.-led invasion, even though the United States is not an ICC member. Afghanistan joined the court in 2003, giving it jurisdiction over crimes committed on Afghan territory after that point.
The prospect of scrutiny involving American personnel has long drawn opposition from Washington. The Trump administration has imposed sanctions on the court and current or former staff members, while also objecting to separate ICC action involving Israeli officials.
A newer investigation, known as Afghanistan II, is not being closed. It concerns alleged Taliban crimes since the group returned to power in August 2021, including the persecution of women and girls. Court records say that inquiry remains active and is legally separate from the original proceeding.
The result narrows the prospect of accountability for alleged abuses committed during the earlier stages of the war. At the same time, the appeal means the decision may not be final, and the court’s continuing Taliban investigation preserves a path for cases involving Afghanistan’s current rulers.
