Judges at the International Criminal Court (ICC) have ended the part of the investigation into alleged crimes committed by US service members in Afghanistan. The decision also covers the investigation into affiliates of the “Islamic State” in Khorasan Province, while the court will focus on the Taliban’s actions after 2021. According to court documents, the prosecution has faced “significant limitations” in conducting the investigation and gathering evidence.
The decision was issued on November 12 and published a day later. The ICC prosecution told The Associated Press and Reuters that it had already filed an appeal, but did not disclose details about the grounds or deadlines for the appeal. Thus, the termination of the investigation is not the final end of the dispute, but for now the court’s decision closes the line of inquiry that included US service members.
The investigation covers the period since 2002
The Afghanistan investigation began in 2020 and covers alleged crimes committed since 2002. It initially included Afghan government forces, the Taliban, US service members and US intelligence officials.
In 2021, Prosecutor Karim Khan announced that he would lower the priority of the investigation into US forces because of difficulties in obtaining evidence. The current decision formally ends this part of the proceedings, which had already stalled, as well as the investigation into the actions of “Islamic State – Khorasan”.
The ICC issued four arrest warrants for Taliban leaders in 2025. They are linked to alleged crimes committed after the movement returned to power in Afghanistan in 2021. The court’s focus on this period remains in place.
The decision comes amid pressure from Washington
The United States is not a party to the Rome Statute and does not recognize the ICC’s jurisdiction. Washington imposed sanctions on 13 current and former court officials over the investigation into US service members and the arrest warrants issued for Israeli officials.
Secretary of State Marco Rubio said that “President Trump will never allow the International Criminal Court to prosecute Americans”. In a statement in October, he warned that the US would continue its campaign to “dismantle the ICC, brick by brick” until Americans were no longer threatened by the court.
It is still unclear whether the termination of the investigation will change Washington’s position. The next step is consideration of the prosecution’s appeal, for which the court has not publicly set a specific timetable.
Sources: aljazeera.com, apnews.com, investing.com