ICC Closes Original Afghanistan War Crimes Investigation, Taliban Probe Continues
DID Press: Judges at the International Criminal Court (ICC) have ordered the formal closure of the court’s original investigation into alleged crimes committed in Afghanistan, including allegations involving US military personnel. A separate investigation into alleged crimes by the Taliban since August 2021 will continue.
The decision was issued on Thursday, November 12, after judges concluded that the Office of the Prosecutor had failed to demonstrate that it could effectively carry out further investigative or prosecutorial activities in the original Afghanistan case.
In their ruling, the judges said the decision was intended to ensure legal certainty, transparency and the proper administration of judicial proceedings.
The original investigation covered alleged crimes committed in Afghanistan from May 1, 2003, as well as crimes connected to the conflict in other states parties to the Rome Statute from July 1, 2002.
The investigation included allegations against members of US forces and intelligence personnel, as well as other parties to the conflict. The judges’ decision also closes the part of the original inquiry concerning alleged crimes by the Islamic State’s Khorasan branch (ISIS-K).
The ICC Prosecutor’s Office has appealed the decision, according to Reuters, although it has not publicly provided further details about the appeal.
Meanwhile, a separate investigation into alleged crimes committed in Afghanistan since the Taliban returned to power in August 2021 remains active.
That investigation focuses on alleged crimes against women and girls, persecution of individuals on political, ethnic and religious grounds, and other alleged crimes attributed to the Taliban. The ICC has previously issued arrest warrants for four senior Taliban leaders over alleged gender persecution.
The court has clarified that closing the original Afghanistan investigation does not affect the ongoing proceedings under the separate Afghanistan II investigation. It also said the Prosecutor’s Office may seek fresh authorisation to investigate if conditions allow effective further action.