Afghanistan: International Criminal Court Prosecutor’s request for arrest warrants for Taliban leaders marks new milestone for gender justice

Claire Serie / Hans Lucas / Hans Lucas via AFP
  • The International Federation for Human Rights (FIDH) welcomes the landmark applications of the Office of the Prosecutor (OTP) of the International Criminal Court (ICC) for arrest warrants against the Supreme Leader of the Taliban, Haibatullah Akhundzada, and the Chief Justice of the "Islamic Emirate of Afghanistan", Abdul Hakim Haqqani.
  • Haibatullah Akhundzada and Abdul Hakim Haqqani are suspected of committing the crime against humanity of persecution on gender grounds.
  • There has only been one prior prosecution of the crime of gender persecution, and this is the first time it is the sole crime alleged under an arrest warrant.

The Hague, Paris, 24 January 2025. FIDH and its member organisations welcome the OTP’s announcement that it is seeking an arrest warrant for the Supreme Leader of the Taliban, Haibatullah Akhundzada, and the Chief Justice of the "Islamic Emirate of Afghanistan", Abdul Hakim Haqqani in the situation in Afghanistan. In its requests, submitted to the Pre-Trial Chamber, the OTP concluded that there are "reasonable grounds" to believe that the two are responsible for the crime against humanity of persecution on gender grounds.

The application is based on "diverse evidence" and a multi-disciplinary investigation, which integrated gender experts into the investigative team, along with country and psycho-social experts. The applications demonstrate the OTP’s "absolute commitment" to pursuing accountability for gender-based crimes, including gender persecution.

These are the first applications for arrest warrants in the situation of Afghanistan at the ICC, and the OTP indicated that "further applications for other senior members of the Taliban [would be filed] soon." ICC judges will now have to determine whether these applications meet the necessary standard for the issuance of an arrest warrant, namely that there are reasonable grounds to believe that the accused bear criminal responsibility for the alleged crimes.

"These applications for arrest warrants represent a first long-awaited and yet significant step in seeking international criminal justice for Afghan victims of severe institutionalised and systematised discrimination, which we believe may amount to gender apartheid", said FIDH Secretary General and OPEN ASIA/Armanshahr Executive Director Guissou Jahangiri. "We are looking forward to decisive action to account for all core international crimes committed in Afghanistan", she added.

"Today’s announcement sends a powerful message: we must not tolerate the systematic erasure of women and girls from public life. These applications are a crucial step in addressing the violence endured by Afghan women and girls under the Taliban and underscore the urgent need for unwavering state support for the ICC, which continues to face existential threats. All States Parties must unite to safeguard the Rome Statute system and deliver hope and justice for victims", said FIDH Representative to the ICC, Danya Chaikel.

Since their illegal and violent takeover of Afghanistan on 15 August 2021, the Taliban have imposed and implemented draconian policies and taken abusive actions that have had a devastating impact on women and girls, LGBTIQ+ people, and those supporting them. These applications build on only one previous prosecution of alleged gender persecution, in the case of Al Hassan in the situation in Mali. It also sends a strong message on the application and interpretation of Sharia, which the OTP said "should not, and may not be used to justify the deprivation of fundamental human rights or the related commission of Rome Statute crimes."

FIDH remains concerned, however, that following the ICC’s resumption of the investigation into the situation of Afghanistan in 2021, the OTP appears to adhere to its policy to "deprioritise" crimes committed by actors other than the Taliban, namely Afghan national forces and United States (US) armed forces and Central Intelligence Agency (CIA) personnel in secret detention facilities in Afghanistan and on the territory of other States Parties, including Poland, Romania, and Lithuania. For the justice process to be legitimate in the eyes of the victims, the ongoing investigation should look into crimes committed by all actors who have been involved in since May 2003.

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