ICC judges end Afghanistan probe segment covering American forces

Judges at the International Criminal Court have decided to officially end aspects of the investigation into Afghanistan that covered alleged offenses by American military personnel, according to court filings reported by Reuters. The ruling narrows the tribunal's active probe to offenses committed by the Taliban since 2021.

The judicial decision puts an end to inquiries concerning American forces, an effort that had effectively been paused since 2021, while also terminating an investigation into the Islamic State Khorasan militia, known as ISIS-K. The prosecutor's office confirmed it has filed an appeal against the ruling, though it declined to provide further specifics.

The move marks the latest development in an ongoing disagreement between the court's judges and prosecutors over the scope of the Afghanistan dossier. Earlier this year, the judicial chamber instructed prosecutors to divide their inquiry into two distinct tracks: one centered on post-2021 Taliban actions, and an earlier branch that originally encompassed American personnel before redirecting attention toward ISIS-K.

In their rationale, the judges explained that prosecutors failed to demonstrate they could carry out effective investigations into allegations within Afghanistan outside of the Taliban-focused track. Because the probes were divided, existing arrest warrants targeting four Taliban leaders are still valid and active.

The court's decision follows measures taken by Washington, which imposed institutional sanctions on the tribunal. U.S. authorities cited objections both to ICC arrest warrants targeting Israeli leadership and to the tribunal's scrutiny of American armed forces who served in Afghanistan.

Whether the formal termination of this branch of the inquiry will soothe tensions with the United States remains uncertain. Under the treaty establishing the ICC, the court maintains jurisdiction over severe atrocity crimes carried out within member states' borders, regardless of whether the suspects originate from countries that recognize the court's authority.