Judges at the International Criminal Court ordered the closure of the original war crimes investigation into Afghanistan on Thursday. The Chamber concluded that the prosecution had failed to show it could effectively carry out further investigative or prosecutorial work within that framework.
Court documents stated that judges directed the Registrar to shut the records of the Afghanistan situation. They based this on the goals of legal certainty, transparency, and the proper administration of judicial proceedings.
The initial investigation covered alleged crimes committed in Afghanistan from May 1, 2003. It also encompassed conflict-related crimes in other ICC member states dating back to July 1, 2002. US-led foreign forces invaded Afghanistan in 2001, and the Western-backed administration joined the Rome Statute in 2003.
Despite this broad mandate, the prosecution submitted only a few applications under Article 58. The Chamber noted these concerned a separate file known as the Situation in Afghanistan II, which covers alleged crimes committed in the country since August 2021.
Foreign forces withdrew in August 2021, leading to the collapse of the administration and the return of the Taliban. The prosecution previously told the Chamber it was pursuing three main lines of inquiry. These involved alleged crimes by the Taliban against women and girls since August 2021, persecution on political, ethnic, and religious grounds, and crimes committed by ISIS-K since 2016.
Thursday’s decision formally closes the inquiry regarding alleged crimes by the Islamic State Khorasan Province since 2016. The judges clarified that the prosecution can seek new authorization to investigate ISIS-K if it gains the capability to pursue that work effectively.
The judges also emphasized that ending the original investigation does not affect the prosecution’s separate, ongoing inquiry into the Situation in Afghanistan II.
