Why the ICC closed its first Afghanistan case but kept the Taliban probe

The International Criminal Court's Pre-Trial Chamber II ordered the closure of its original Afghanistan investigation on Thursday, November 12, 2026, in The Hague. The decision ends the case that included allegations against US forces, the Islamic State-Khorasan Province, former Afghan security forces, and the Taliban.

Judges said the Office of the Prosecutor had failed to demonstrate it could effectively carry out further investigative or prosecutorial activities in that framework. They cited serious obstacles to accessing evidence, which increased over time, and ordered the Registrar to close the records, citing legal certainty, transparency, and the proper administration of judicial proceedings.

The original investigation was authorized to cover alleged crimes in Afghanistan from May 1, 2003, and conflict-related crimes in other ICC member states from July 1, 2002. With its closure, investigations into alleged crimes by US forces and ISKP within that case are discontinued.

A separate investigation into alleged Taliban crimes since August 2021 continues under the case known as 'Situation in the Islamic Republic of Afghanistan II.' Pre-Trial Chamber II directed the Office of the Prosecutor to open that investigation on July 15, 2026, following a November 2024 referral by six countries, and reaffirmed the decision on September 3, 2026. On October 20, 2026, a majority of the court's Presidency assigned the new case to the same chamber.

Nearly 30 Afghan and international civil society organizations warned in a joint statement on Thursday, October 29, 2026, that the separate probe could complicate proceedings and limit victims' access to justice. They called on the court to explain how the new investigation would affect ongoing inquiries.

The split leaves only the Taliban-focused case active. For Afghan victims and accountability advocates, it raises practical questions about which alleged crimes can still be pursued, how evidence and victim participation carry over, and whether the court's workload and external pressures — including US sanctions on the ICC and the dismissal of Prosecutor Karim Khan in July 2026 — further narrow the path to justice.