ICC prosecutor seeks arrest of Taliban leaders for 'persecuting Afghan girls and women'

The chief prosecutor of the International Criminal Court (ICC) has stated that he will seek arrest warrants for senior leaders of the Taliban government in Afghanistan, citing their persecution of women and girls. Prosecutor Karim Khan noted that there are reasonable grounds to suspect that Taliban supreme leader Haibatullah Akhundzada and Chief Justice Abdul Hakim Haqqani bear criminal responsibility for crimes against humanity based on gender.

Judges at the International Criminal Court will now decide whether to issue the arrest warrants. The ICC is responsible for investigating and prosecuting those who commit genocide, crimes against humanity, and war crimes, intervening when national authorities are unable or unwilling to prosecute. Karim Khan stated in a release that the two men "bear criminal responsibility for the persecution of Afghan girls and women, and those perceived by the Taliban as not conforming to their gender identity or expression ideology expectations, as well as those perceived as allies of girls and women."

He further added that opposition to the Taliban government is “being brutally suppressed through the commission of crimes including murder, imprisonment, torture, rape and other forms of sexual violence, enforced disappearances and other inhumane acts.” The statement noted that this persecution has been ongoing across Afghanistan since at least August 15, 2021. Akhundzada became the Taliban’s supreme commander in 2016 and is now the leader of the so-called Islamic Emirate of Afghanistan. Haqqani was a close aide to Taliban founder Mullah Omar and represented the Taliban in negotiations with US representatives in 2020.

The office of the ICC prosecutor told the BBC that various issues, including a “lack of cooperation” from Taliban authorities, have slowed the pace of the investigation. The office also stated that “those with critical information for the investigation are often unwilling to come forward due to fear.” The Taliban government has not yet commented on the ICC’s statement. Nader Nadery, a senior fellow at the Wilson Center in Washington who was involved in peace negotiations between the former Afghan government and the Taliban, said that many Afghan women have been waiting for this moment.

Nadery told the BBC: “While this may not immediately change the situation on the ground, it sends a strong signal that there will be no impunity.” He also said, “For many activists and Afghan women on the ground, it creates a sense of hope that there may be a way forward, and I think maintaining that hope is the biggest contribution at the moment.” The Taliban regained power in Afghanistan in 2021, after a 20-year US-led invasion ousted their regime following the 9/11 attacks in New York, but their government has not been formally recognized by any other foreign power.

Since then, “morality laws” have meant that women have lost dozens of rights in the country. Afghanistan is now the only country in the world that bans women and girls from secondary and higher education, with around 1.5 million deliberately denied access to education. The Taliban have repeatedly promised that they will allow women and girls back into education once some issues have been resolved, including ensuring that the curriculum is “Islamized.” However, this has not yet happened. Beauty salons have been closed, and women are banned from parks, gyms, and bathhouses. Dress codes mean they must be fully covered, and strict rules prohibit them from traveling without a male guardian, or making eye contact with men unless they are blood relatives or married.

Last December, women were also banned from training to be midwives and nurses, effectively closing off the last avenue for them to pursue further education in the country.