Exclusive: ICC judges order Taliban case split from Afghanistan probe that covers US troops

The International Criminal Court (ICC) judges have mandated the division of a case involving the Taliban, setting it apart from the broader Afghanistan war crimes investigation that also includes US troops, Middle East Eye reports. This decision was taken by the pre-trial chamber II, according to court documents disclosed to MEE through independent sources.

The split occurred after the Taliban's gender persecution allegations were highlighted, separate from the existing Afghanistan probe which encompasses the Afghan National Security Forces, US military, CIA personnel, Taliban, and IS-K group. The move might raise questions about whether the ICC is attempting to avoid conflicts with the United States, by ceasing to pursue allegations against US forces and their allies.

This development came after US Secretary of State Marco Rubio threatened to "dismantle the ICC brick by brick" in response to the ICC's 2020 decision to authorize an investigation into alleged crimes in Afghanistan. In retaliation, the US imposed sanctions on ICC officials amid the Afghanistan and Palestine investigations. The sanctions targeted Karim Khan, former prosecutor of the ICC, and three judges who were part of the 2020 Appeals Chamber that authorized the Afghanistan investigation.

The ICC already issued arrest warrants in 2023 for Taliban Supreme Leader Hibatullah Akhundzada and Chief Justice Abdul Hakim Haqqani for gender persecution, a crime against humanity.