KABUL, AFGHANISTAN – The International Criminal Court (ICC) has decided to close its original investigation into alleged crimes committed in Afghanistan, while continuing its investigation into alleged crimes committed by the Taliban since the group returned to power in August 2021 under a separate case.
Pre-Trial Chamber II of the ICC issued the decision on Thursday, November 12, in The Hague, ordering the closure of the original Afghanistan investigation.
Under the decision, investigations into alleged crimes committed by US forces and the Islamic State-Khorasan Province (ISKP), which were part of the original Afghanistan investigation, have also been discontinued.
The judges said the Office of the Prosecutor had failed to demonstrate that it could effectively pursue further investigative or prosecutorial activities within the framework of the original investigation.
The judges said the prosecution had failed to demonstrate its ability to effectively pursue further investigations or prosecutions in the Afghanistan case.
The Chamber also pointed to serious limitations facing the prosecution in conducting investigations and accessing evidence, saying these difficulties had increased over time since the alleged crimes were committed.
The original investigation had a broad scope, covering alleged crimes committed in Afghanistan from 2003 onwards, including allegations involving former Afghan security forces, the Taliban, US military personnel and agents of the Central Intelligence Agency (CIA).
The investigation into alleged crimes committed by US forces had effectively remained inactive since 2021. Its closure now formally ends that part of the original investigation.
The investigation into ISKP, which covered alleged crimes committed by the group since 2016, has also been closed under the same proceedings.
However, the judges said the prosecution could submit a new application seeking authorisation to resume investigations into ISKP if it could demonstrate that it would be able to pursue them effectively in the future.
Meanwhile, the investigation into alleged crimes committed by the Taliban is continuing under a separate proceeding titled “Situation in Afghanistan II.”
The investigation focuses on two main areas: alleged crimes against humanity of persecution against women and girls, and the persecution of other individuals on political, ethnic or religious grounds.
Four arrest warrants issued against Taliban supreme leader Hibatullah Akhundzada, Chief Justice Abdul Hakim Haqqani, Minister of Education Habibullah Agha and Minister of Higher Education Neda Mohammad Nadim remain in force under the separate investigation.
The warrants concern allegations of crimes against humanity of persecution on gender and political grounds. The ICC has said the alleged persecution targeted women and girls, people who did not conform to the Taliban’s policies on gender, gender identity or expression, and individuals perceived as allies of women and girls.
The judges emphasised that closing the original Afghanistan investigation does not prevent the continuation of proceedings under the new investigation, Afghanistan II.
The ICC Office of the Prosecutor has told Reuters and the Associated Press that it has appealed the decision of Pre-Trial Chamber II.
The prosecution has not provided further details about the grounds for its appeal.
The ICC’s investigation into Afghanistan was publicly announced in 2007 and formally authorised in March 2020. Afghanistan became a member of the Rome Statute, the treaty establishing the ICC, in 2003, giving the court jurisdiction over crimes falling within its mandate committed on Afghan territory from May 1, 2003 onwards.
The court investigates individuals suspected of genocide, war crimes, crimes against humanity and the crime of aggression. It does not prosecute governments or states as entities.
Since the Taliban’s return to power in August 2021, the group has imposed extensive restrictions on women’s and girls’ rights, including banning girls from attending secondary schools and women from universities, restricting women’s employment and limiting their participation in public life. Women have also faced restrictions on freedom of movement, access to public spaces and other fundamental rights.
The United Nations and international human rights organisations have repeatedly condemned these restrictions, with some describing the systematic exclusion of women and girls as gender persecution and calling for it to be recognised as gender apartheid.
On July 8, 2025, the ICC issued arrest warrants for Akhundzada and Haqqani over alleged crimes against humanity of persecution on gender grounds. The court subsequently issued warrants for Agha and Nadim on September 9, 2025. All four warrants were publicly unsealed on October 5, 2026.
The ICC’s decision to issue arrest warrants does not amount to a conviction. It means the judges found reasonable grounds to believe that the suspects may bear criminal responsibility for the alleged crimes. The suspects remain entitled to the presumption of innocence until proven guilty.
Although Afghanistan is a member of the Rome Statute, the Taliban authorities have not cooperated with the ICC investigation. The court also has no independent police force to enforce arrest warrants and relies on states to arrest and surrender suspects when they come within their jurisdiction.
The continuation of the Afghanistan II investigation therefore represents an important avenue for international accountability for alleged crimes committed under Taliban rule, although securing the arrest and prosecution of those named in the warrants remains a significant challenge.
