ICC halts probe into alleged crimes by US troops in Afghanistan

The International Criminal Court (ICC) has halted its investigation into alleged crimes committed by US troops in Afghanistan, according to court documents released on Friday.

The decision was issued on Thursday but made public a day later. The court cited “significant limitations” on the prosecutor’s ability to carry out investigations and obtain evidence.

The ruling also brings an end to the investigation into alleged crimes committed by the Islamic State group’s affiliate in Khorasan Province (ISKP).

The prosecutor’s office has appealed the decision, according to statements provided to the Associated Press and Reuters.

The decision comes amid strained relations between Washington and the Hague-based court. The United States previously imposed sanctions on 13 current and former ICC staff members over investigations into alleged crimes by US personnel and arrest warrants issued against Israeli officials.

US Secretary of State Marco Rubio had earlier said that President Donald Trump would never allow the ICC to prosecute Americans. In an October statement, Rubio also warned that Washington would continue efforts to dismantle the court until Americans were no longer at risk of prosecution.

It remains unclear whether the latest ruling will affect the US position towards the ICC. The United States is not a member of the court and does not recognise its jurisdiction.

Under the court’s founding statute, however, the ICC can prosecute individuals accused of serious international crimes committed on the territory of its member states.

The investigation into Afghanistan began in 2020.

In 2021, the then ICC prosecutor, Karim Khan, announced that his office would deprioritise investigations into US forces, citing difficulties in obtaining evidence.

Khan was removed from his position earlier this year following allegations of sexual misconduct.