ICC Closes Original Afghanistan Investigation: U.S. Troops Line Ends, Taliban Case Continues as Prosecutors Appeal
The International Criminal Court's official page for the Afghanistan situation shows that on November 12, 2026, Pre-Trial Chamber I published its decision to close the record of the original Situation in the Islamic Republic of Afghanistan. The court said the closure does not preclude the Prosecution's ongoing investigation in the Situation in Afghanistan II, and that these matters are currently subject to appeal.
According to Reuters, reporting on November 13 from court documents, the closure ends the original inquiry's line that could have examined alleged crimes by U.S. troops and intelligence personnel, a line that had lain dormant since 2021, as well as a probe into the Islamic State Khorasan Province (ISIS-K) militia. The court's Afghanistan investigation will now focus only on actions of the Taliban since their return to power in 2021. The prosecutor's office has appealed the decision but gave no further details; judges said prosecutors had not shown they would be able to effectively investigate allegations apart from the Taliban probe. The closure of the record does not amount to an exoneration of anyone, Reuters noted.
The original investigation dates to 2020, when the ICC Appeals Chamber authorized the Prosecutor on March 5, 2020 to investigate alleged crimes committed on the territory of Afghanistan since May 1, 2003, involving all sides of the conflict. The United States is not an ICC member and does not recognize the court's jurisdiction over Americans; Washington has imposed institutional sanctions on the court over matters including the Afghanistan investigation, and Secretary of State Marco Rubio has said publicly that the United States will never accept ICC jurisdiction over Americans.
The continuing Afghanistan II situation stems from a November 28, 2024 referral by Chile, Costa Rica, Spain, France, Luxembourg and Mexico concerning crimes against women and girls after the Taliban takeover. Pre-Trial Chamber II has issued arrest warrants for four men, including Taliban Supreme Leader Haibatullah Akhundzada and Taliban Chief Justice Abdul Hakim Haqqani; the four warrants were unsealed on October 5, 2026, alleging the crime against humanity of persecution on gender and political grounds against women, girls and others.
Reference: Reuters (Source: International Criminal Court)
Source: International Criminal Court
Published by GSM · USA (original Chinese edition)
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