Judges at the International Criminal Court have ordered prosecutors to halt their investigation into alleged crimes by American troops in Afghanistan and focus instead on the Taliban's actions since 2021, according to court documents released on Friday.
The ruling, issued on Thursday but made public only on Friday, cites "significant limitations to the Prosecution's ability to conduct its investigations and secure evidence," Al Jazeera reported. It closes a line of inquiry into alleged crimes by U.S. forces that had lain dormant since 2021, as well as the investigation into the Islamic State affiliate in Khorasan Province.
The prosecutor's office told The Associated Press and Reuters that it has already appealed the decision.
The decision follows years of feuding between Washington and the Hague-based court, notably after the United States sanctioned 13 current and former ICC staff members over the investigation into alleged crimes by U.S. personnel and arrest warrants issued against Israeli officials.
Secretary of State Marco Rubio said previously that "President Trump will never allow the International Criminal Court to prosecute Americans." In an October statement, Rubio warned that the United States would "continue its campaign to dismantle the ICC, brick by brick, until Americans are threatened no longer." It is not clear whether the court's decision will change Washington's stance.
The United States is not a member of the court and does not recognise its jurisdiction, although the court's founding statute says it can prosecute anyone accused of atrocity crimes committed on the territory of member states.
The Afghanistan investigation began in 2020, covering offences allegedly committed by Afghan government forces, the Taliban, American troops and U.S. foreign intelligence operatives dating back to 2002. In 2021, then-prosecutor Karim Khan announced he would "deprioritise" the investigation into American forces, citing challenges in obtaining evidence. Khan was ousted from the court earlier this year over sexual misconduct allegations. The court issued four arrest warrants for Taliban leaders last year.
