ICC Seeks Arrest Warrants for Taliban Leaders Over Gender-Based Persecution

Fri Jan 24 2025
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Key points

  • ICC prosecutor applied for arrest warrants for Haibatullah Akhundzada and Abdul Hakim Haqqani
  • Taliban have barred women from employment, public spaces and education
  • ICC prosecutor says perceived resistance or opposition to the Taliban was, and is, brutally repressed

UNITED NATIONS: The International Criminal Court (ICC) has moved decisively towards addressing the “unacceptable” systemic repression of Afghan women and girls by the Taliban, according to the Hague-based Court’s press release.

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.

Gender-based persecution

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.

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 emphasized that these acts constitute severe deprivations of fundamental rights, including physical autonomy, freedom of expression and access to education – rights protected under international law.

This marks the first time the ICC has issued arrest warrant applications concerning Afghans leaders.

Supported by evidence

Karim Khan said the filings are supported by diverse evidence, including expert testimony, forensic reports and numerous decrees issued by the 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 said.

These severe deprivations of fundamental rights were committed in connection with other Rome Statute crimes, Khan said.

“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 cannot be used to justify such violations of fundamental human rights.

Perceived resistance or opposition to the Taliban was, and is, brutally repressed.” – ICC Prosecutor Karim Khan

“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,” 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.

ICC Pre-Trial Chamber

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 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.

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