On Thursday, ICC Prosecutor Karim Khan applied for arrest warrants for two senior Taliban officials: Supreme Leader Haibatullah Akhundzada and Supreme Court Chief Justice Abdul Hakim Haqqani.
They are accused of crimes against humanity on the grounds of gender-based persecution under the Rome Statute of the court, which sets out the duty of every State signatory to exercise its criminal jurisdiction over those responsible for international crimes.
“These applications recognise that Afghan women and girls as well as the LGBTQI+ community are facing an unprecedented, unconscionable and ongoing persecution by the Taliban,” Mr. Khan said in a statement.
Since reclaiming power in Afghanistan in 2021, the Taliban have implemented a series of oppressive measures that have systematically stripped women of their rights, including barring them from employment, public spaces and education beyond the age of 12.
The ICC Prosecutor emphasised that these acts constitute severe deprivations of fundamental rights, including physical autonomy, freedom of expression and access to education – rights protected under international law.
Landmark decision against impunity
This marks the first time the ICC has issued arrest warrant applications concerning Afghan.
Mr. Khan said the filings are supported by diverse evidence, including expert testimony, forensic reports and numerous decrees issued by the de facto authorities.
The ICC’s Afghanistan team, under the supervision of Deputy Prosecutor Nazhat Shameem Khan and Special Adviser on Gender and Discriminatory Crimes Lisa Davis, has played a critical role in investigating these allegations, the prosecutor continued.
These severe deprivations of fundamental rights were committed in connection with other Rome Statute crimes, Mr. Khan explained.
“Perceived resistance or opposition to the Taliban was, and is, brutally repressed through the commission of crimes including murder, imprisonment, torture, rape and other forms of sexual violence, enforced disappearance, and other inhumane acts,” he said.
He underscored that the Taliban’s interpretation of Sharia – the Islamic legal system derived from the Quran – cannot be used to justify such violations of fundamental human rights.
Victims’ resilience
“In making these applications, I wish to acknowledge the remarkable courage and resilience of Afghan victims and witnesses who cooperated with my Office’s investigations,” Mr. Khan noted.
“We remain unwavering in our commitment to ensure that they are not forgotten, and to demonstrate through our work, through the effective and impartial application of international law,” he affirmed, underscoring that “all lives have equal value.”
The Prosecutor also expressed gratitude to Afghan civil society and international partners for their support.
Next steps
The ICC’s Pre-Trial Chamber will now determine whether these applications for arrest warrants establish reasonable grounds to believe that the named individuals committed the alleged crimes.
“If the judges issue the warrants, my Office will work closely with the Registrar in all efforts to arrest the individuals,” said Mr. Khan, also announcing that further applications against other senior Taliban leaders are forthcoming.
“Afghan victims and survivors have suffered injustice for too long,” he stressed.
