ICC judges close original Afghanistan war crimes probe

Prosecutors failed to show ability

Judges at the International Criminal Court issued a decision to formally close part of the prosecutor's investigations into Afghanistan. The chamber stated that prosecutors had not shown they could effectively investigate allegations apart from the current Taliban probe. This ruling ends the line of inquiry into alleged crimes by United States troops which had lain dormant since 2021. It also closes the specific investigation into the Islamic State Khorasan militant group that began in 2016.

Legal split and US sanctions

Judges directed prosecutors this year to divide their Afghanistan investigations into two distinct probes targeting different groups. On Friday, the prosecutor's office informed Reuters that it filed an appeal against the ruling while withholding additional information. Following this action, the United States imposed institutional sanctions on the court due to its resistance regarding arrest warrants for Israeli officials. Although the statute allows prosecution of anyone accused of atrocity crimes on member state territory, the closure does not change this founding rule.

Taliban warrants remain in force

Dividing the matters ensures that the arrest warrants for four Afghan Taliban leaders stay completely active. The judges explained that shutting down the initial inquiry would have no impact on the prosecution's current probe of the Situation in Afghanistan II. Prosecutors submitted limited applications under Article 58 concerning only the separate Situation in Afghanistan II regarding crimes since August 2021. The chamber noted objectives of legal certainty and transparency while exercising authority to order the Registrar to close records.