On January 23, 2025, the Prosecutor of the International Criminal Court (ICC) issued a formal statement concluding that the Supreme Leader of the Taliban, Haibatullah Akhundzada, and the Chief Justice of the Taliban, Abdul Hakim Haqqani, bear criminal responsibility for the systematic persecution of women and girls in Afghanistan. The Prosecutor has filed applications for arrest warrants under Article 58(1) of the Rome Statute, holding Akhundzada and Haqqani criminally liable for gender-based persecution as a crime against humanity. The ICC judges will now assess whether the evidence presented provides reasonable grounds to establish the alleged crimes. Should arrest warrants be issued, the Office of the Prosecutor (OTP), in collaboration with the Registrar, will work to ensure the apprehension of the accused individuals. The first part of this blog post will discuss the background and context of the ICC Prosecutor’s decision to file applications for arrest warrants.

The Taliban’s Persecution of Women

The systemic persecution of women and girls in Afghanistan constitutes a crime against humanity under Article 7(1)(h) of the Rome Statute, and has been ongoing from August 15, 2021, to the present, across the entirety of the country. The ICC Prosecutor has further asserted that there are reasonable grounds to believe the Taliban have engaged in numerous acts of gender-based persecution as part of a widespread and systematic attack on the civilian population, carried out pursuant to a State or organizational policy. This persecution targets women perceived as failing to conform to the Taliban’s ideological expectations regarding gender roles and its interpretation of Sharia law resulting in severe deprivations of fundamental rights.

Contextual Background

The recent action taken by the Prosecutor was largely expedited by a referral submitted on November 28, 2024, by six state parties to the Rome Statute—Chile, Costa Rica, Spain, France, Luxembourg, and Mexico. The OTP previously confirmed that it is actively investigating the situation in Afghanistan, which already includes the alleged crimes detailed in the referral. The referral expressed grave concerns about the deteriorating human rights situation in Afghanistan, specifically highlighting the systematic and widespread violations targeting women and girls, and requested the inclusion of these crimes within the scope of the OTP’s ongoing investigation into the Situation in Afghanistan. Afghanistan, as a State Party to the Rome Statute since May 1, 2003, falls under the ICC’s jurisdiction and the ICC Pre-Trial Chamber II authorized the resumption of the OTP’s investigation on October 31, 2022, following a deferral initiated by the now-defunct Republic of Afghanistan in March 2020.

Symbolic and Practical Significance

The filing of these applications for arrest warrants carries profound implications, underscoring the international community’s condemnation of the unprecedented and egregious persecution faced by women and girls under Taliban rule. It conveys a resolute message that the systematic repression of women and girls in Afghanistan is intolerable and will not be normalized. Furthermore, this development reflects the significant achievements of the women in their global campaign against gender-based persecution, frequently referred to as “gender apartheid.” Since the Taliban took power in August 2021, the women of Afghanistan have actively worked to rebuild their capacity and empowerment while advocating for accountability for the Taliban’s actions. The submission of arrest warrant applications against two senior Taliban leaders represents a landmark victory for this movement, symbolizing a crucial step toward justice.

The Prosecutor has unequivocally asserted that the Taliban’s interpretation of Sharia law cannot and must not serve as a justification for the deprivation of fundamental human rights or the commission of crimes under the Rome Statute. It is essential to recognize that these actions constitute gender-based persecution rather than a legitimate divergence in religious interpretation.

In the meantime, the women and girls of Afghanistan have successfully mobilized support from several states, including Australia, Canada, Germany, and the Netherlands, to initiate proceedings against the Taliban at the International Court of Justice (ICJ) for gender discrimination stemming from the regime’s systematic persecution. This dual-track approach—pursuing accountability through both the ICC and the ICJ—marks a pivotal achievement in the women and girls global effort to combat gender-based persecution and secure justice for women and girls in Afghanistan.

Moreover, the filing of these arrest warrant applications carries profound political implications, particularly concerning the international recognition of the Taliban as a de jure government. Since the Taliban’s takeover of Kabul in August 2021, the regime has persistently sought international recognition. However, no state has formally recognized the Taliban as the legitimate government of Afghanistan. In the context of international law, recognition by states enables it to establish formal diplomatic relations and affirm its status as an independent political entity within the international system. The ICC’s intervention indicates the principle that systematic violations of fundamental human rights cannot be normalized or excused, thereby further complicating and undermining any efforts to legitimize the Taliban on the international stage.