THE HAGUE, Netherlands — Pre-Trial Chamber I of the International Criminal Court published a decision on November 12, 2026, closing the record of the Situation in the Islamic Republic of Afghanistan, while the Prosecution's ongoing investigation in the separate Afghanistan II situation continues, the court reported.
Read the International Criminal Court situation page: https://www.icc-cpi.int/afghanistan
The closing does not preclude the Prosecution's ongoing investigation in the Situation in Afghanistan II, according to the court.
These matters are currently subject to appeal, the court reported.
A 2020
Authorization, A 2003 Start Date, And A Deferral Fight
On March 5, 2020, the Appeals Chamber of the International Criminal Court decided unanimously to authorize the Prosecutor to commence an investigation into alleged crimes under the jurisdiction of the Court in relation to the situation in Afghanistan, according to the court.
The Appeals Chamber found that the Prosecutor is authorized to investigate the crimes alleged to have been committed on the territory of Afghanistan since May 1, 2003, as well as other alleged crimes that have a nexus to the armed conflict in Afghanistan and were committed on the territory of other States Parties to the Rome Statute since July 1, 2002, according to the court.
On April 15, 2020, the Prosecution notified the Chamber of the Government of Afghanistan's request of March 26, 2020, seeking a deferral of the Prosecution's investigation, according to the court.
On September 27, 2021, the Prosecution requested authorization to resume its investigation, according to the court.
On October 31, 2022, Pre-Trial Chamber II authorized the Prosecution to resume the investigation, and the judges considered that Afghanistan is not presently carrying out genuine investigations in a manner that would justify a deferral, according to the court.
On April 4, 2023, the Appeals Chamber issued its judgment on the Prosecutor's appeal, amending the Pre-Trial Chamber II decision to align with the scope of the Prosecutor's investigation as previously determined, according to the court.
A Six-Country Referral, Gender Persecution Claims, And Four Warrants
On November 28, 2024, the Office of the Prosecutor received a referral of the Situation in Afghanistan from Chile, Costa Rica, Spain, France, Luxembourg, and Mexico, according to the court.
On receipt of the referral, the Prosecutor confirmed that the Office has been and continues to conduct an active investigation in the Situation, which already encompasses the alleged crimes described in the referral, according to the court.
The referral concerned crimes committed in Afghanistan against women and girls after the Taliban takeover in 2021, according to the court.
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On January 23, 2025, ICC Prosecutor Karim A.A. Khan KC announced that his Office had filed two applications for warrants of arrest for the crime against humanity of persecution on gender grounds, under article 7(1)(h) of the Rome Statute, against the Supreme Leader of the Taliban, Haibatullah Akhundzada, and the Chief Justice of the "Islamic Emirate of Afghanistan," Abdul Hakim Haqqani, according to the court.
On July 8, 2025, Pre-Trial Chamber II issued warrants of arrest for Akhundzada and Haqqani, according to the court.
On October 5, 2026, Pre-Trial Chamber II decided to unseal four warrants of arrest issued in the Situation in Afghanistan, according to the court.
The warrants were issued on July 8, 2025, against Akhundzada and Haqqani, and on September 9, 2025, against Habibullah Agha and Neda Mohammad Nadim, according to the court.
The Chamber found that there are reasonable grounds to believe that the four suspects are criminally responsible for having ordered, induced or solicited the crime against humanity of persecution under article 7(1)(h) of the Rome Statute, according to the court.
The alleged persecution was committed on gender grounds against girls, women, and other persons who do not conform with the Taliban's policy on gender, gender identity or expression, and on political grounds against persons perceived as "allies of girls and women," according to the court.
The alleged crimes were committed on the territory of Afghanistan since the Taliban seized power on August 15, 2021, and continued until at least January 20, 2025, according to the court.
Afghanistan II Assignment, A Continuing Investigation, And An Appeal
On September 15, 2026, the Prosecution formally notified the Presidency that on November 28, 2024, the Office of the Prosecutor had received the referral from Chile, Costa Rica, Spain, France, Luxembourg, and Mexico, according to the court.
On October 20, 2026, the Presidency assigned the Situation in the Islamic Republic of Afghanistan II to Pre-Trial Chamber II with immediate effect, according to the court.
On November 12, 2026, Pre-Trial Chamber I published its decision to close the record of the Situation of the Islamic Republic of Afghanistan, according to the court.
What happens next is the appeal: the court reported that these matters are currently subject to appeal, and that the closing does not preclude the Prosecution's ongoing investigation in Afghanistan II.
Victims and their representatives can contact the court's Victims Participation and Reparations Section with questions related to the Afghanistan Situation, and information for victims will be posted on the court's Afghanistan page, according to the court.
Sources
International Criminal Court, Situation in the Islamic Republic of Afghanistan, official situation page, including the November 12, 2026, decision to close the record: https://www.icc-cpi.int/afghanistan
Transparency notes
Published: Nov 13, 2026. No major post-publication update has been logged.
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