ICC stops probe into alleged crimes by US troops in Afghanistan

The ICC’s ruling, issued Thursday and made public Friday, cites "significant limitations to the Prosecution’s ability to conduct its investigations and secure evidence".

The decision closes the line of inquiry into alleged crimes by US troops, which had lain dormant since 2021, and also ends the probe into the ISIL affiliate in Khorasan Province (ISKP).

The investigation in Afghanistan began in 2020, covering offences allegedly committed by Afghan government forces, the Taliban, American troops and US foreign intelligence operatives dating back to 2002.

The court’s founding statute says it can prosecute anyone accused of atrocity crimes committed on the territory of ICC member states.

US threatens to dismantle ICC

The decision follows feuds between the United States and the Hague-based ICC, notably after Washington sanctioned 13 current and former ICC staff members over the investigation into alleged crimes by US personnel and arrest warrants issued against Israeli officials.

Rubio warned in October that "the United States will continue its campaign to dismantle the ICC, brick by brick, until Americans are threatened no longer."

It is not clear if the court’s decision to stop the investigation will affect Washington’s stance on the ICC.

Regardless, the US is not a member of the court and does not recognise its jurisdiction.

Prosecutor appeals ruling

The prosecutor’s office has already appealed the decision.

In 2021, Karim Khan, the probe’s prosecutor, announced he would "deprioritise" the investigation into American forces, citing challenges in obtaining evidence.

Khan was ousted from the court over sexual misconduct allegations earlier this year.

The ICC issued four arrest warrants for Taliban leaders last year.