Pre-Trial Chamber II of the International Criminal Court in The Hague has ordered the closure of the long-running Afghanistan investigation file while continuing its inquiry into the Taliban under a separate case.
Under this decision announced on Thursday, investigations into alleged crimes by US forces and the ISIS-K group, which were previously handled within the original Afghan file, have also ceased.
Judges of the ICC Pre-Trial Chamber stated that the prosecution failed to demonstrate that it could effectively conduct further investigative or prosecutorial steps within that specific framework.
In their ruling, the judges wrote: "The Chamber considers that the Prosecution has not demonstrated that it can effectively conduct further investigative activities or prosecutions within the framework of the situation in Afghanistan." They noted severe constraints and deteriorating access to evidence as time elapsed.
The closed case originally held a broad mandate covering alleged war crimes from 2003 onwards, implicating former Afghan national security forces, the Taliban, US military personnel, and CIA operatives. While the US component had been practically dormant since 2021, the probe into ISIS-K actions dating back to 2016 has now also been concluded, although new motions regarding ISIS could theoretically be submitted later.
Meanwhile, investigations focusing on Taliban authorities continue uninterrupted under the separate docket titled "Situation in Afghanistan II".
This ongoing docket prioritizes two main tracks: alleged crimes against women and girls, and the persecution of individuals on political, ethnic, or religious grounds.
Four arrest warrants previously issued against senior Taliban figures—Hibatullah Akhundzada, Abdul Hakim Haqqani, Habibullah Agha, and Neda Mohammad Nadeem—remain fully active within the separate proceedings.
The Office of the ICC Prosecutor confirmed to Reuters and the Associated Press that it has filed an appeal against the judges' decision to close the original investigation.
Source: Reuters and Associated Press
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