If prosecutors proceed, the Taliban investigation will effectively be split from a broader Afghanistan inquiry looking into alleged war crimes committed since 2003 by Afghan National Security Forces, the US military and CIA personnel, in addition to the Taliban and the Islamic State-Khorasan Province (IS-K) group.

The move is likely to raise questions about whether the court is seeking to ease tensions with Washington by signalling that it will no longer pursue allegations against US forces and their allies.

The chamber's communication came days after US Secretary of State Marco Rubio threatened to "dismantle the ICC, brick by brick", in remarks referencing the court's 2020 decision authorising an investigation into alleged crimes committed in Afghanistan.