On October 31, 2016, the news magazine Foreign Policy published an article revealing that the Office of the Prosecutor of the International Criminal Court is preparing to open a formal investigation of possible war crimes and crimes against humanity committed by United States citizens in Afghanistan, including the alleged abuse of detainees between 2003 and 2005. Recent International Criminal Court reports refer to the preliminary examination of the situation in Afghanistan to determine whether the situation is admissible before the Court, but do not refer to a decision to open an investigation. The article includes:
"The prosecutor's office of the International Criminal Court (ICC) is ready to initiate a full investigation of a range of possible war crimes and crimes against humanity in Afghanistan, including some by U.S. personnel, according to several knowledgeable sources. The ICC move would mark the first time that a formal ICC investigation has scrutinized U.S. actions and sets up a possible collision with Washington..."