In A First, ICC Seeks Warrant For Taliban Leaders Over Gender-Based Crimes

In a historic move, the International Criminal Court (ICC) has sought arrest warrants for two senior Taliban leaders—Supreme Leader Haibatullah Akhundzada and Supreme Court Chief Justice Abdul Hakim Haqqani. ICC Prosecutor Karim Khan has accused them of crimes against humanity, specifically gender-based persecution, under the Rome Statute. This legal framework mandates that signatory states hold perpetrators of international crimes accountable.

Systematic Oppression and Crimes Against Humanity

Khan emphasised that Afghan women, girls, and members of the LGBTQ+ community are experiencing unprecedented persecution under the Taliban regime. Since reclaiming power in 2021, the Taliban have systematically eroded women's rights, barring them from employment, public spaces, and education beyond the age of 12. These actions, Khan asserted, violate fundamental rights such as personal autonomy, freedom of expression, and access to education—protections enshrined in international law.

The ICC’s application marks the first time the court has formally sought arrest warrants against Afghan officials. The charges are backed by extensive evidence, including expert testimonies, forensic reports, and official Taliban decrees. The ICC’s Afghanistan team, led by Deputy Prosecutor Nazhat Shameem Khan and Special Adviser Lisa Davis, has played a key role in the investigation.

According to Khan, Taliban leaders have employed brutal repression to silence opposition. Acts of violence—including murder, imprisonment, torture, rape, enforced disappearances, and other inhumane actions—have been used to maintain their power. He further emphasized that the Taliban’s interpretation of Sharia cannot justify these grave violations of human rights.

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Gender Apartheid in Afghanistan

Legal experts highlight that this case is groundbreaking because it primarily centers on systemic gender-based persecution. Activists who have long fought against the Taliban’s oppressive policies see this as a rare moment of acknowledgement. Shukria Barakzai, a former Afghan parliamentarian and activist, celebrated the move, stating that it sends a clear message: impunity for gender-based crimes will not be tolerated.

The Taliban’s gender-based oppression extends beyond restrictions on work and education. They have issued over 80 decrees curbing women’s fundamental freedoms. Recent measures have even mandated that windows in rooms frequented by women be removed or covered, ensuring that women remain entirely invisible in public life. These policies have prompted calls to classify the Taliban’s actions as “gender apartheid” under international law.

Akila Radhakrishnan, a legal strategist on gender justice, described this case as a milestone. While the ICC has previously prosecuted gender-based crimes, this is the first instance where gender persecution is the central focus. “Typically, gender crimes have been secondary charges in larger cases. This case, however, highlights how these violations systematically work to oppress women and girls under the Taliban’s rule,” she explained.

No Immediate Consequences, But a Powerful Message

Despite the historic nature of this move, legal experts acknowledge that the warrants may not lead to immediate arrests. Akhundzada rarely leaves his stronghold in Kandahar, and the Taliban have consistently defied international pressure regarding their treatment of women. However, experts argue that the warrants serve an important function—they stigmatize the Taliban's actions on the global stage.

“This makes it clear that engaging with the Taliban means engaging with a criminal regime,” said Radhakrishnan. “Anyone supporting them is now on notice that these are not just human rights violations—they are international crimes.”

Afghan women who have endured persecution and exile see the ICC’s move as a long-overdue acknowledgment of their struggle. Zahra Haqparast, an activist who was jailed in 2022 for protesting Taliban restrictions, reacted with relief. “This is the best news I’ve heard since the Taliban came to power. I was so overjoyed when I heard the news that I forgot my lunch was cooking and ended up burning it,” she said.

Calls for Broader Justice

While the ICC’s action is a step toward accountability, many Afghan activists believe it is insufficient. The Taliban’s crimes are just one chapter in Afghanistan’s long history of conflict and human rights violations. Shaharzad Akbar, executive director of the Afghan human rights organization Rawadari, emphasized the need for broader justice.

“This is historic, but it leaves out many victims of war crimes committed over four decades,” she said. “Justice must be pursued for all those who have suffered, not just under the Taliban, but also under previous regimes and warlords who committed atrocities.”

What Comes Next?

The ICC’s Pre-Trial Chamber will now assess whether the evidence presented provides reasonable grounds to issue arrest warrants. If the warrants are approved, the ICC will work with international authorities to pursue the arrest of the Taliban leaders. Prosecutor Khan also announced that further applications against other senior Taliban figures are in progress.

While justice may not be immediate, Afghan activists insist that this is only the beginning. As Heather Barr of Human Rights Watch stated, “Afghan women and girls have been abandoned for too long. This is a step in the right direction, but full justice means not only accountability for crimes but an end to Taliban oppression.”