ICC judges halt probe into US troops in Afghanistan

Judges at the International Criminal Court have halted the prosecutor's investigations into alleged crimes by American troops in Afghanistan and will focus instead on the Taliban's actions since 2021, according to court documents released on Friday.

The ruling was issued on Thursday and made public a day later. It cites "significant limitations to the Prosecution's ability to conduct its investigations and secure evidence". The decision closes the line of inquiry into US troops, which had lain dormant since 2021, and also ends the probe into the ISIL affiliate in Khorasan Province. The prosecutor's office said it has appealed.

The investigation opened in 2020 and covered offences allegedly committed by Afghan government forces, the Taliban, American troops and US foreign intelligence operatives dating back to 2002. In 2021 prosecutor Karim Khan said he would "deprioritise" the investigation into American forces, citing challenges in obtaining evidence. Khan was removed from the court over sexual misconduct allegations earlier this year.

The ruling follows repeated clashes with Washington, which sanctioned 13 current and former ICC staff members over the Afghanistan investigation and over arrest warrants issued against Israeli officials. Secretary of State Marco Rubio said in October: "President Trump will never allow the International Criminal Court to prosecute Americans," and warned that the United States would continue its campaign to "dismantle the ICC, brick by brick".

The court issued four arrest warrants for Taliban leaders last year. The United States is not a member of the ICC and does not recognise its jurisdiction; the court's founding statute allows it to prosecute atrocity crimes committed on the territory of member states.