Judges at the International Criminal Court (ICC) have issued a ruling that narrows the scope of the tribunal’s ongoing investigation into the conflict in Afghanistan. According to court documents released on Friday, the investigation will now be limited to crimes committed by the Taliban, effectively ending the portion of the probe that could have involved U.S. military personnel or foreign intelligence operatives.
The decision, which was finalized on Thursday and made public the following day, cites “significant limitations to the Prosecution’s ability to conduct its investigations and secure evidence” in the case, though it does not elaborate further. In response to the ruling, the prosecutor's office confirmed to The Associated Press that it has already filed an appeal against the decision.
This development occurs against a backdrop of ongoing friction between the global court and Washington. The United States, which is not a member of the ICC and does not recognize its jurisdiction, has previously imposed sanctions on the court and 13 of its current and former staff members. Secretary of State Marco Rubio has publicly threatened to “dismantle the ICC — brick by brick, if necessary.” Furthermore, the U.S. remains critical of the court's separate investigation into Israeli officials, which includes outstanding arrest warrants for Prime Minister Benjamin Netanyahu and his former defense minister over allegations of crimes against humanity in Gaza. Both have strongly rejected these accusations.
The ICC’s original investigation in Afghanistan, authorized in 2020, covered alleged offenses dating back to 2002 by Afghan government forces, the Taliban, American troops, and U.S. foreign intelligence operatives. Two years later, then-chief prosecutor Karim Khan opted to “deprioritize” aspects of the case involving Americans, citing challenges in obtaining evidence. Khan was later removed from his position earlier this year following allegations of sexual misconduct.
Moving forward, the segment of the investigation concerning the Taliban will proceed as a separate inquiry. Just last month, the ICC unsealed arrest warrants for four senior Taliban leaders, charging them with the crime against humanity of gender persecution against women, girls, and members of the LGBTQI+ community in Afghanistan since the group seized power in 2021.
