KUALA LUMPUR – International Criminal Court (ICC) prosecutor Karim Khan has announced his office’s move to seek arrest warrants for the Taliban’s supreme leader, Hibatullah Akhundzada, and Afghanistan’s interim Chief Justice, Abdul Hakim Haqqani, citing their alleged roles in the persecution of Afghan women and girls.
Khan, in a statement on Thursday, described the situation as an “unprecedented, unconscionable, and ongoing persecution” and emphasised that accountability for gender-based crimes remains an absolute priority for the ICC.
“These applications signal that the status quo for women and girls in Afghanistan is not acceptable. Afghan survivors, particularly women and girls, deserve accountability before a court of law,” he said.
The arrest warrants, filed with the ICC’s Pre-Trial Chamber II, allege that Akhundzada and Haqqani bear criminal responsibility under Article 7(1)(h) of the Rome Statute, which pertains to crimes against humanity on gender grounds. Khan stated that the persecution has been ongoing since the Taliban regained power in Kabul in August 2021.
“This persecution entails numerous severe deprivations of fundamental rights,” Khan explained, listing violations such as restrictions on education, free movement, free expression, and access to private and family life.
He further linked these violations to other grave crimes, including murder, imprisonment, torture, and sexual violence, which have been used to suppress perceived resistance.
Khan reiterated that “the Taliban’s interpretation of shariah should not, and may not, be used to justify the deprivation of fundamental human rights or the commission of Rome Statute crimes.”
The prosecutor’s office revealed that their applications are supported by a wide array of evidence, including expert and witness testimonies, official Taliban decrees, and audiovisual material. A specialised investigative team, which integrates gender experts, has been working on this case, ensuring a focus on gender dimensions of the alleged crimes.
“These are the first applications for arrest warrants in the Afghanistan situation, but they will not be the last,” Khan said, adding that further requests for arrest warrants targeting other senior Taliban members are forthcoming.
Since taking control, the Taliban have enforced strict gender-based restrictions, including barring girls from pursuing education beyond the sixth grade.
“Afghan victims, particularly women and girls, have suffered injustice for far too long,” Khan said.
The ICC’s actions underline its commitment to pursuing justice for Afghan victims, with Khan calling for the cooperation of states to help enforce judicial orders if the warrants are issued.
The Pre-Trial Chamber will now assess the evidence to determine whether reasonable grounds exist to issue the warrants. – January 24, 2025
