The key facts

  • An ICC chamber ordered the closure of the records of the preliminary investigation into the situation in Afghanistan
  • The 'Afghanistan II' investigation — into crimes since August 2021 — is ongoing
  • The ISIS-K line is closed, but the prosecution may request new authorization if it can pursue it effectively

The court ordered the case closed

Judges of the International Criminal Court ordered the formal closure of the preliminary investigation into the situation in Afghanistan, within which accusations against American military personnel were also examined. In a court document published on Thursday, it is noted that the prosecution failed to demonstrate the ability to 'effectively conduct further investigative or judicial actions' in this case. With regard to the goals of legal certainty, transparency and the proper administration of justice, the judges ordered the registrar of the court to close the records on the situation in Afghanistan.

What the closed investigation covered

The chamber recalled that the investigation was authorized with respect to alleged crimes committed in Afghanistan since May 1, 2003, as well as crimes connected to the conflict committed on the territories of other states parties to the Rome Statute since July 1, 2002. However, as the judges noted, the prosecution submitted only a limited number of applications under Article 58, and all of them concerned the separate situation 'Afghanistan II' — alleged crimes in the country after August 2021. The decision also closes the line of investigation into alleged crimes of 'Islamic State — Khorasan Province' (ISIS-K) since 2016, but the judges clarified that the prosecution may request new authorization to investigate ISIS-K actions if it can subsequently pursue it effectively.

What continues

The closure of the preliminary case does not affect the ongoing investigation into the situation 'Afghanistan II'. The prosecution informed the chamber that it is pursuing three main lines: alleged Taliban crimes against women and girls after August 2021; crimes against other persons, including persecution on political, ethnic and religious grounds; as well as alleged ISIS-K crimes since 2016. Context: Afghanistan was drawn into the conflict after the invasion by US-led foreign forces in 2001; in 2003 the Western-backed government joined the Rome Statute; and in August 2021 the Taliban returned to power after the withdrawal of foreign forces and the collapse of the previous administration.