American soldiers and intelligence operatives will no longer face prosecution in The Hague over their actions during the two-decade war in Afghanistan. In a ruling made public on Friday, International Criminal Court judges ordered the court’s prosecutor to drop investigations into alleged crimes committed by US personnel, formally shifting the entire focus of the ICC Afghanistan probe onto the Taliban.
The decision abruptly closes an inquiry that has triggered fierce retaliation from Washington for years. Judges cited practical barriers for their ruling, pointing to severe constraints that made it nearly impossible for investigators to gather evidence on the ground.
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Why judges closed the door on US personnel
The judges issued their decision on Thursday before releasing the court documents at the end of the week. In their ruling, the judges explained that there were “significant limitations to the Prosecution’s ability to conduct its investigations and secure evidence.”
The move does not just shield American troops in Afghanistan. It also halts an active line of inquiry into the Islamic State affiliate in Khorasan Province, known as ISKP. Both tracks had faced immense hurdles since the Taliban took control of Kabul in August 2021.
Former prosecutor Karim Khan had already chosen to deprioritise the American side of the case that same year, arguing that his office needed to manage limited resources and focus on the groups in power. Khan was ousted from the International Criminal Court earlier this year over sexual misconduct allegations.
Washington’s campaign against The Hague
The ruling comes after escalating feuds between the United States and the court. The US has never been a member of the court and rejects its authority, but the ICC claims jurisdiction over crimes committed on the territory of its member states, including Afghanistan.
Washington took direct action against court staff after prosecutors targeted both US forces and Israeli officials. The American government slapped sanctions on 13 current and former court workers to derail their efforts.
US Secretary of State Marco Rubio made Washington’s position clear when addressing the court’s reach in October.
“The United States will continue its campaign to dismantle the ICC, brick by brick, until Americans are threatened no longer.”
Rubio also stated that President Donald Trump would never permit the tribunal to prosecute American citizens.
What the ICC Afghanistan probe covers now
The inquiry first opened in 2020 after years of preliminary reviews. It originally covered alleged atrocities dating back to 2002, looking at actions by Afghan government forces, the Taliban, American soldiers, and US intelligence operatives.
Now, the court is directing all of its attention toward the Taliban’s actions since they regained control of the country in 2021. The judges have already demonstrated their willingness to pursue the current rulers in Kabul, issuing four arrest warrants for senior Taliban leaders last year.
The prosecutor’s fight to keep the case alive
The legal battle over the American inquiries is far from finished inside the court building. Representatives from the prosecutor’s office confirmed to news agencies that they have already filed an appeal against the judges’ decision to halt the investigation.
Judges on the court’s Appeals Chamber will now take up the prosecutor’s challenge to determine whether the inquiry into American forces is permanently closed or if investigators can keep the case files open.
Source: Al Jazeera
