The HAGUE: The International Criminal Court (ICC) has taken an unprecedented step by seeking accountability for the systemic repression of Afghan women, girls, and LGBTQI+ individuals under Taliban rule. On Thursday, ICC Prosecutor Karim Khan applied for arrest warrants against two senior Taliban officials—Supreme Leader Haibatullah Akhundzada and Supreme Court Chief Justice Abdul Hakim Haqqani—accusing them of crimes against humanity based on gender-based persecution.
This marks the first time the ICC has pursued charges related to Afghan crimes under the Rome Statute, the court’s foundational treaty, which obligates signatory states to prosecute individuals responsible for international crimes. The Prosecutor’s Office alleges that the Taliban’s actions have inflicted severe deprivations of fundamental rights, violating international law.
“These applications recognise that Afghan women, girls, and the LGBTQI+ community are facing unprecedented, unconscionable, and ongoing persecution by the Taliban,” Khan said in a statement.
Since the Taliban’s return to power in 2021, their policies have systematically stripped women of fundamental rights, including access to employment, education beyond age 12, and participation in public life. The ICC Prosecutor highlighted that these measures, alongside acts such as torture, imprisonment, and sexual violence, constitute gross violations of international human rights standards.
The Taliban’s enforcement of a rigid interpretation of Sharia law has led to severe consequences for perceived opposition or resistance, which Khan described as being met with brutal repression, including enforced disappearances and inhumane acts.
The applications for arrest are supported by diverse evidence, including expert testimony, forensic analysis, and decrees issued by Taliban authorities. The ICC’s Afghanistan team, led by Deputy Prosecutor Nazhat Shameem Khan and Special Adviser on Gender and Discriminatory Crimes Lisa Davis, played a pivotal role in compiling this evidence.
“These severe deprivations of fundamental rights are intrinsically connected to other Rome Statute crimes, illustrating the Taliban’s systematic targeting of vulnerable groups,” Khan explained.
Khan paid tribute to the resilience of Afghan victims and witnesses who provided critical evidence. “We remain unwavering in our commitment to ensure that they are not forgotten,” he stated, adding that the ICC’s work aims to affirm that all lives hold equal value. He also expressed gratitude to Afghan civil society and international partners for their contributions.
The ICC’s Pre-Trial Chamber will now assess whether the evidence supports issuing arrest warrants against Akhundzada and Haqqani. If approved, the court will work with the Registrar to facilitate arrests. Khan also revealed that additional applications targeting other senior Taliban figures are forthcoming, emphasising that the pursuit of justice for Afghan victims remains a priority.
“Afghan victims and survivors have endured injustice for far too long,” Khan concluded, underscoring the need for accountability in one of the most egregious human rights crises of our time.
