ICC reportedly splits Taliban probe from US-linked Afghanistan case

Five years after Kabul fell to the Taliban, the International Criminal Court has reportedly separated its Taliban investigation from the wider Afghanistan case, according to Middle East Eye. Judges at the ICC's Pre-Trial Chamber II reportedly ordered prosecutors to open a standalone probe into alleged Taliban persecution of women, splitting it from the long-running Afghanistan investigation that also examined alleged crimes by US military and CIA personnel.

The chamber reportedly found Taliban conduct since 2021 to be materially different from what the original probe was authorised to cover. The ICC prosecutor's office would not confirm or deny the move but said its focus is on Taliban leadership's alleged persecution of women and political opponents, including arbitrary arrests and torture.

'Deeply troubling' selectivity

Shaharzad Akbar, former head of the Afghanistan Independent Human Rights Commission and now an Oxford fellow, called the split "deeply troubling" and said US pressure appears to be influencing the court's decisions. She said Afghan civil society has repeatedly asked for a comprehensive investigation covering all allegations, including against US forces, whose conduct she described as "appalling and shameful."

Allegations against US personnel centre on detainee abuse at CIA facilities in Afghanistan, including the Salt Pit site. A 2014 US Senate report documented waterboarding and other torture methods, but the Justice Department declined to open new criminal investigations afterward.

Washington escalates pressure on the court

Last month the US State Department announced a campaign to "dismantle" the ICC. On Tuesday, Washington imposed new sanctions on ICC President Tomoko Akane and a senior trial lawyer, with Secretary of State Marco Rubio calling the court "corrupt and fatally politicised." The US has never ratified the Rome Statute.

According to a March 2024 UN assessment, Afghanistan under the Taliban is the most repressive country in the world for women, with over 50 decrees since 2021 barring girls from education past sixth grade and excluding women from most jobs and public spaces.

Neither Akhundzada nor judiciary chief Abdul Hakim Haqqani, both under ICC arrest warrants, are likely to face custody since the Taliban controls Afghan territory and has dismissed the warrants as hostile to Islam. Akbar said the warrants brought a moment of accountability but limited real change, calling for stronger political will from Western and regional powers.