ICC Stops Probe Into Alleged Crimes by U.S. Troops in Afghanistan

Pre-Trial Chamber II of the International Criminal Court ordered the registry on Thursday, Nov. 12, 2026, to close the record of the Situation in the Islamic Republic of Afghanistan. The judges said the prosecutor had not shown an ability “to effectively carry out any further investigative or prosecutorial activities” in that case.

Judges Close the Original Case

The public redacted decision, released on Friday, cites “significant limitations to the Prosecution’s ability to conduct its investigations and secure evidence,” compounded by the time elapsed since the alleged crimes.

The chamber recalled that the investigation began more than six years ago, after more than a decade of preliminary examination, and that all applications for arrest warrants so far belong to the separate Taliban-focused case.

The original investigation, authorized in 2020, covered alleged crimes in Afghanistan since May 1, 2003, and related crimes on the territory of other ICC member states since July 1, 2002. It had included allegations against Afghan government forces, the Taliban, U.S. troops and American intelligence operatives.

That inquiry into U.S. personnel had already lain dormant since 2021, when then-prosecutor Karim Khan said he would deprioritize the line, citing difficulties in obtaining evidence.

Taliban Inquiry Continues Separately

The ruling also closes a line of inquiry into alleged crimes by Islamic State Khorasan Province, or ISIS-K, since 2016. Judges said the prosecutor may later seek fresh authorization if that investigation can be pursued effectively.

A separate case, known as the Situation in Afghanistan II, will continue. It focuses on alleged Taliban crimes since August 2021, including persecution of women and girls, and already includes arrest warrants for senior Taliban leaders.

The prosecutor’s office told Reuters and The Associated Press that it has appealed the Nov. 12 ruling but declined to give further details.

Sanctions Form the Backdrop

The United States is not a member of the court and rejects its jurisdiction over American nationals. Washington has imposed sanctions on the ICC and its officials, citing opposition to arrest warrants for Israeli officials and the Afghanistan inquiry involving U.S. forces.

Secretary of State Marco Rubio has warned the court not to enforce what he called “paper decrees” on Americans, and has said Washington would “end the ICC” if it did not drop its threats.

Reuters reported that it is unclear whether closing the original record will ease U.S. concerns, because the decision does not amend the Rome Statute.