Judges at the International Criminal Court (ICC) have ordered the formal closure of the court's original investigation into alleged crimes in Afghanistan, which included allegations against US troops, while a separate investigation into alleged crimes by the Taliban since August 2021 will continue.
The Chamber said the prosecution had not demonstrated that it could "effectively carry out any further investigative or prosecutorial activities" in the original Afghanistan investigation, according to a court document on Thursday.
"Accordingly, having regard to the objectives of legal certainty, transparency and the proper administration of judicial proceedings," the judges said they were exercising their authority to order the Registrar "to close the records of the Situation in Afghanistan."
The Chamber also noted that, although the investigation was authorized to cover alleged crimes committed in Afghanistan from May 1, 2003, and conflict-related crimes in other ICC member states from July 1, 2002, the prosecution had submitted only a limited number of applications under Article 58, all concerning the separate Situation in Afghanistan II, or the alleged crimes in Afghanistan since August 2021.
Afghanistan was invaded by US-led foreign forces in 2001, and the Western-backed administration in 2003 joined the Rome Statute.
The Taliban returned to power in August 2021 after the ouster of foreign forces from the war-torn nation, and subsequent meltdown of the Western-backed administration.
The prosecution told the Chamber it was pursuing three main lines of inquiry: alleged crimes by the Taliban against women and girls since August 2021; alleged crimes against other people, including persecution on political, ethnic and religious grounds; and alleged crimes committed by ISIS-K since 2016.
The decision also closes the investigation's line of inquiry into alleged crimes committed by the Islamic State Khorasan Province (ISIS-K) since 2016.
The judges said, however, that the prosecution could seek new authorization to investigate ISIS-K if it subsequently became able to pursue the inquiry effectively.
The judges clarified that the closure of the original investigation would not affect the prosecution's ongoing investigation into the Situation in Afghanistan II.
