ICC closes original Afghanistan war crimes investigation
The International Criminal Court (ICC) has ordered the formal closure of its original investigation into alleged war crimes in Afghanistan, including accusations involving US forces, while a separate investigation into alleged crimes committed since the Taliban returned to power in 2021 will continue.
In a decision issued on Thursday, ICC judges said prosecutors had failed to demonstrate that they could effectively pursue further investigative or prosecutorial activities under the original investigation.
The Chamber said the closure was necessary to ensure legal certainty, transparency and the proper administration of judicial proceedings.
The decision directs the court's Registrar to close the records of the original Afghanistan investigation.
Investigation covered alleged crimes by foreign forces
The original investigation was authorized to examine alleged crimes committed in Afghanistan from May 1, 2003, as well as conflict-related crimes in other ICC member states from July 1, 2002.
The inquiry included allegations against US military personnel and other foreign forces involved in the conflict.
However, judges noted that prosecutors had submitted only a limited number of applications seeking arrest warrants, all relating to a separate investigation into alleged crimes committed in Afghanistan since August 2021.
Afghanistan was invaded by US-led forces in 2001. In 2003, the Western-backed Afghan administration joined the Rome Statute, the treaty establishing the ICC.
The Taliban returned to power in August 2021 following the withdrawal of foreign forces and the collapse of the Western-backed government.
Probe into alleged Taliban crimes continues
The court stressed that closing the original investigation would not affect the ongoing inquiry into alleged crimes committed in Afghanistan since August 2021.
Prosecutors are pursuing three main lines of investigation.
These include alleged crimes by the Taliban against women and girls, alleged persecution of other groups on political, ethnic and religious grounds, and crimes allegedly committed by the Islamic State Khorasan Province (ISIS-K) since 2016.
The investigation has placed particular emphasis on allegations of systematic persecution targeting women and girls under Taliban rule.
ISIS-K investigation also affected
The judges' decision also closes the original investigation's separate line of inquiry into alleged crimes committed by ISIS-K since 2016.
However, the Chamber clarified that prosecutors could seek new authorization to investigate the group if they subsequently demonstrate that they are able to pursue the case effectively.
The ruling therefore ends the original investigative framework but leaves the separate investigation into alleged crimes committed since August 2021 intact.
The decision marks a significant development in the ICC's long-running efforts to address alleged international crimes in Afghanistan, while leaving questions surrounding accountability for abuses committed during the earlier phases of the conflict unresolved.
Source:AA
