The International Criminal Court (ICC) has applied for arrest warrants for two senior Taliban officials over gender-based persecution in Afghanistan.
The two leaders have been identified as Supreme Leader Haibatullah Akhundzada and Supreme Court Chief Justice Abdul Hakim Haqqani.
The warrants were applied by ICC Prosecutor Karim Khan.
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 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.
Khan said the filings are supported by diverse evidence, including expert testimony, forensic reports and numerous decrees issued by the de facto authorities.
These severe deprivations of fundamental rights were committed in connection with other Rome Statute crimes, 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,” Khan noted.
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.
“Afghan victims and survivors have suffered injustice for too long,” he stressed.
