ICC Prosecutor Seeks Arrest Warrants for Two Taliban Leaders Over Persecution of Women
Prosecutor Accuses Taliban Leadership of Crimes Against Humanity
THE HAGUE — The International Criminal Court (ICC) prosecutor announced Thursday that he has requested arrest warrants for two senior Taliban figures, including supreme spiritual leader Haibatullah Akhundzada, on charges of persecuting women and girls in Afghanistan.
A statement from chief Prosecutor Karim Khan’s office indicated that investigators have found reasonable grounds to believe Akhundzada and Abdul Hakim Haqqani, the Taliban’s chief justice since 2021, are “criminally responsible for the crime against humanity of persecution on gender grounds.”
“They bear responsibility for persecuting Afghan girls and women, as well as individuals perceived as their allies,” the statement added.
The alleged persecution has taken place throughout Afghanistan since at least August 15, 2021, the day the Taliban seized Kabul, and continues to the present, the prosecutor said.
Since regaining power, the Taliban have significantly curtailed women’s rights, imposing severe restrictions on education, employment, and daily freedoms.
ICC Panel to Consider Arrest Warrants
Taliban leaders have yet to respond to the prosecutor’s statement, which has been welcomed by advocates for women’s rights. The request will now be reviewed by a three-judge panel at the ICC, a process that typically takes around three months.
This marks the first time ICC prosecutors have publicly sought arrest warrants in their investigation into war crimes in Afghanistan, an inquiry that dates back to 2007 and once encompassed alleged crimes by U.S. military personnel.
Khan emphasized that his office remains committed to ensuring accountability for gender-based crimes, adding that the Taliban’s interpretation of Islamic law cannot justify human rights violations.
“Afghan women and girls, along with the LGBTQI+ community, are experiencing an unprecedented and ongoing persecution by the Taliban. Our action signals that the status quo for women and girls in Afghanistan is unacceptable,” Khan said.
Implications for the Taliban’s International Standing
Zalmai Nishat, founder of the UK-based charity Mosaic Afghanistan, noted that while an ICC warrant may not directly impact Akhundzada, who rarely travels outside Afghanistan, it could significantly damage the Taliban’s global reputation.
“In terms of the Taliban’s international standing, this essentially erodes whatever legitimacy they may have had,” Nishat said.
The ICC’s Growing Challenges
Khan’s move comes as the ICC faces mounting challenges, including political backlash over its investigations. The administration of former U.S. President Donald Trump had previously imposed sanctions against the court, and the ICC now faces criticism for issuing an arrest warrant against Israeli Prime Minister Benjamin Netanyahu over alleged crimes in Gaza.
Russia also retaliated against the ICC in 2023 after the court issued a warrant for President Vladimir Putin, going so far as to issue its own warrant against Khan.
Despite these high-profile cases, enforcement remains a challenge. The ICC lacks its own police force and depends on its 125 member states to carry out arrests. However, some European nations have hesitated to act against individuals like Netanyahu, and Italy recently arrested an ICC suspect but did not transfer him to The Hague.
The ICC itself is dealing with internal turmoil, with Khan facing an investigation into alleged workplace misconduct, claims he has denied.
As the legal process unfolds, the fate of the Taliban’s leadership on the international stage remains uncertain, while Afghan women and girls continue to bear the brunt of restrictive policies.