KABUL (Pajhwok): The International Criminal Court (ICC) has suspended investigations into alleged crimes committed by US forces and the Islamic State-Khorasan (IS-K) branch in Afghanistan, prioritising an examination of actions by the Islamic Emirate of Afghanistan (IEA) since 2021.
The ruling, issued on Thursday but made public on Friday (November 13), cites “significant limitations to the Prosecution’s ability to conduct its investigations and secure evidence”.
The decision comes amid tensions between the United States and the Hague-based ICC, particularly after Washington imposed sanctions on 13 current and former court officials over investigations into alleged crimes by US personnel and arrest warrants issued against Israeli officials.
It closes not only the investigation into alleged crimes by US troops, which had effectively been dormant since 2021, but also the probe into the Islamic State-Khorasan Province (IS-K) group.
However, the ICC Office of the Prosecutor told the Associated Press and Reuters that it had already appealed the decision.
US Secretary of State Marco Rubio had previously said that President Donald Trump would never allow the ICC to prosecute American citizens.
In a statement in October, Rubio also warned that the United States would continue its campaign against the court until Americans were no longer threatened with prosecution.
It remains unclear whether the court’s decision to halt the investigations will affect Washington’s position towards the ICC.
The United States is not a member of the court and does not recognise its jurisdiction.
Under the court’s founding statute, the ICC can prosecute individuals accused of committing atrocity crimes on the territory of its member states.
The ICC issued four arrest warrants for Taliban leaders last year.
The court’s investigation into Afghanistan began in 2020 and covered alleged crimes committed since 2002 by Afghan government forces, the Taliban, US troops and American foreign intelligence operatives.
In September 2021, ICC Prosecutor Karim Khan announced that he would “deprioritise” the investigation into US forces, citing difficulties in obtaining evidence.
Khan was removed from his position at the court earlier this year following allegations of sexual misconduct.
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