ICC Closes Afghanistan Probe Into US Troops: What Happens Next
The ICC in The Hague has closed its Afghanistan probe into alleged crimes by US troops, refocusing on the Taliban as prosecutors appeal the ruling.
Image: Wikimedia Commons / OSeveno (CC BY-SA 3.0)
THE HAGUE, Netherlands — Judges at the International Criminal Court on Thursday ordered the formal closure of the court’s original investigation into alleged crimes in Afghanistan, ending a line of inquiry that could have examined conduct by American troops and intelligence personnel. The decision, made public on Friday, November 13, directs the court’s Registrar to close the records of the Situation in Afghanistan, while a separate investigation into alleged crimes by the Taliban since August 2021 continues.
The Pre-Trial Chamber said prosecutors had not shown they could effectively pursue the original case apart from the Taliban inquiry. The prosecutor’s office has appealed.
Key Takeaways
- ICC judges closed the original Afghanistan investigation, covering alleged crimes by US troops, Afghan forces, the Taliban and US intelligence operatives since 2002.
- The US-troops line had lain dormant since 2021, when prosecutor Karim Khan deprioritised it.
- Four arrest warrants for Taliban leaders remain in effect, and the separate Taliban investigation continues.
- Prosecutors have appealed; the Appeals Chamber has yet to set a date.
What the ICC Decision Closes and What Stays Open
The closure ends two lines of inquiry: alleged crimes by US troops and intelligence operatives, and alleged crimes by ISIS-K since 2016. Judges said prosecutors could seek new authorisation for ISIS-K if they later showed they could pursue it.
Authorised in 2020, it covered alleged crimes in Afghanistan from May 1, 2003, and conflict-related crimes in other member states from July 1, 2002. Prosecutors had filed few arrest-warrant applications, all for the separate Taliban case. The ruling is published in the court’s published decision.
That case now carries the court’s Afghanistan work, including alleged Taliban crimes against women and girls since August 2021. The closure does not affect it.
Why the US Troops Line Was Dropped After Six Years
Judges authorised the probe in 2020, covering offences allegedly committed by Afghan forces, the Taliban, American troops and US intelligence operatives since 2002. In 2021, Khan said he would deprioritise the US-forces line, citing problems obtaining evidence.
This year, judges ordered the inquiries split: one on alleged Taliban crimes since 2021, the other on the original case. They closed part of the case because prosecutors had not shown they could investigate it effectively apart from the Taliban probe.
The ruling lands amid a confrontation between Washington and the court: the US has imposed institutional sanctions on the court and sanctioned 13 current and former ICC staff over the probe into US personnel and warrants for Israeli officials. Secretary of State Marco Rubio has said: “President Trump will never allow the International Criminal Court to prosecute Americans.” US courts have also checked the administration, as in the Second Circuit’s ruling on New York highway funds.
What the ICC Afghanistan Ruling Means for the US and the Court
The decision is not an exoneration. It does not establish whether any alleged crimes occurred, and it does not change the court’s founding statute or its jurisdiction over US nationals.
It is unclear whether the closure will ease American concerns, since the court’s jurisdiction is untouched and the appeal leaves the final status unsettled. The four Taliban arrest warrants remain in effect.
| Date | Development |
|---|---|
| March 2020 | ICC authorises Afghanistan investigation |
| 2021 | Khan deprioritises the US-forces line |
| July 2025 | Four Taliban arrest warrants issued |
| 2026 | Inquiries split into two probes |
| Nov 12, 2026 | Original investigation closed |
| Nov 13, 2026 | Decision public; prosecutors appeal |
Frequently Asked Questions
Does the ICC decision mean US troops are cleared of wrongdoing in Afghanistan?
No. The judges ruled on whether prosecutors could effectively investigate, not on the facts. The decision does not establish whether any alleged crimes occurred, and it is not an exoneration.
What happens to the ICC investigation into the Taliban?
It continues as a separate case, the Situation in Afghanistan II, covering alleged crimes since the Taliban returned to power in August 2021, including crimes against women and girls.
Can the ICC reopen the Afghanistan investigation into US troops?
The prosecutor’s office has appealed to the Appeals Chamber, which will decide whether the original investigation stays closed. Judges also said prosecutors could seek new authorisation for the ISIS-K line.
Why did the United States sanction ICC staff?
The Trump administration opposes any ICC investigation into American citizens or US allies. Washington sanctioned the court and 13 current and former staff after warrants were issued for Israeli officials and the Afghanistan probe covered US personnel.
The Appeals Chamber has not yet set a date to rule on the prosecutor’s appeal.
