ICC halts probe into US troops in Afghanistan to focus on Taliban

Judges at the International Criminal Court have decided to halt the prosecutor's ongoing investigations into alleged crimes committed by American troops in Afghanistan. Instead, the court will concentrate its efforts on the actions of the Taliban since 2021. This decision was detailed in court documents released on Friday, November 13, 2026, although the ruling itself was issued the previous day.

The court cited significant limitations to the prosecution's ability to conduct its investigations and secure necessary evidence as the primary reason for the halt. The decision closes the line of inquiry into alleged offenses by US troops, a case that had remained dormant since 2021. Additionally, the probe into the ISIL affiliate in Khorasan Province, known as ISKP, has also been closed.

This legal move follows a period of intense friction between the United States and the Hague-based court. Tensions escalated after Washington sanctioned 13 current and former ICC staff members. These sanctions were linked to the investigation into alleged crimes by US personnel as well as the issuance of arrest warrants against Israeli officials.

The prosecutor's office has already appealed the decision, as communicated to The Associated Press and Reuters news agencies. The appeal signals that the prosecution intends to challenge the judges' assessment of the evidentiary challenges faced during the investigation.

US Secretary of State Marco Rubio had previously voiced strong opposition to the court's reach. In an October statement, Rubio declared that President Trump would never allow the ICC to prosecute Americans. He further warned that the United States would continue its campaign to dismantle the ICC brick by brick until Americans were no longer threatened by its jurisdiction.

It remains unclear whether the court's decision to stop the investigation will alter Washington's broader stance on the institution. Regardless of this specific ruling, the US is not a member of the court and does not recognize its jurisdiction. The court's founding statute allows it to prosecute individuals accused of atrocity crimes committed on the territory of member states.

The investigation in Afghanistan originally began in 2020. It covered offenses allegedly committed by Afghan government forces, the Taliban, American troops, and US foreign intelligence operatives dating back to 2002. The scope of the probe was extensive, aiming to address a wide range of potential war crimes and crimes against humanity.

In 2021, Karim Khan, who served as the prosecutor for the probe, announced he would deprioritize the investigation into American forces. He cited specific challenges in obtaining evidence as the reason for this shift in focus. Last year, the ICC issued four arrest warrants for Taliban leaders as part of the broader proceedings.

Khan was later ousted from the court earlier this year following allegations of sexual misconduct. His departure marked a significant change in the leadership of the investigation just as the court moved to refocus its resources on the Taliban's actions in recent years.

The shift in focus means that legal attention will now primarily center on the conduct of the Taliban since their return to power. This move aligns with the court's statutory mandate to address atrocities in member states, while temporarily setting aside the contentious case involving non-member American forces.