The International Criminal Court’s (ICC) chief prosecutor, Karim Khan, announced on Thursday that he is seeking arrest warrants against senior Taliban leaders in Afghanistan for the ongoing persecution of women, a crime against humanity.
Khan revealed that there are reasonable grounds to suspect that two senior Taliban officials—Supreme Leader Haibatullah Akhundzada and Chief Justice Abdul Hakim Haqqani—bear criminal responsibility for the persecution of women and girls on gender grounds. He also mentioned that the LGBTQ community in Afghanistan is facing unprecedented levels of persecution.
In his statement, Khan emphasised that the actions of the Taliban against Afghan women and girls are not only unconscionable but are part of an ongoing and systematic campaign of oppression. “Our action signals that the status quo for women and girls in Afghanistan is not acceptable,” Khan stated.
The ICC judges are now tasked with considering Khan’s application before deciding whether to issue the arrest warrants. This process could take several weeks or even months, depending on the court’s deliberations.
The International Criminal Court, based in The Hague, was established to address the world’s most heinous crimes, including war crimes and crimes against humanity. However, it lacks its own police force and relies on its 125 member states to enforce its warrants, a process that has sometimes been fraught with challenges. In theory, anyone under an ICC arrest warrant cannot travel to a member state without facing the risk of detention.
Khan further indicated that he would soon seek additional applications for the arrest of other Taliban officials involved in the repression of Afghan women and girls.
A call for justice
The push for accountability was widely supported by human rights organisations. Human Rights Watch (HRW) praised the ICC’s actions as an essential step in bringing the Taliban’s exclusion of women and girls from public life back onto the international agenda.
“This is an important moment for Afghan women and girls who have been waiting much too long for justice,” said Heather Barr, HRW’s women’s rights deputy director. She added that the international community must do more to hold the Taliban accountable for its actions.
The move was also lauded by Afghan women’s rights activists, including Shukria Barakzai, a former Afghan lawmaker and ex-ambassador to Norway under the ousted government. “It’s a victory,” she told AFP from London, expressing hope that the action could inspire global feminist movements and pave the way for justice for women in Afghanistan.
The UN Special Rapporteur for Human Rights in Afghanistan, Richard Bennett, called the ICC prosecutor’s move a “crucial step” for accountability in the country.
‘Gender apartheid’ in afghanistan
After the Taliban’s return to power in August 2021, the group promised a more moderate form of governance than during its first reign in the late 1990s. However, the promises quickly proved hollow as the authorities imposed harsh restrictions on women and girls.
The United Nations has since labelled these measures as “gender apartheid,” a term describing the system of discrimination that has forced Afghan women out of public life. The Taliban has banned girls from attending secondary schools and prohibited women from attending universities, making Afghanistan the only country in the world to impose such sweeping bans on female education.
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Additionally, Taliban authorities have imposed severe restrictions on women’s employment, forcing many to either leave their jobs or remain at home, while beauty salons have been shut down. Women are also barred from visiting public parks, gyms, and baths, and are required to have a male chaperone for long-distance travel.
In an attempt to further control women’s freedoms, a “vice and virtue” law announced in the summer of 2022 instructed women to refrain from singing or reciting poetry in public. Women are also required to cover their voices and bodies, with the only exceptions being their eyes and hands. The law has led to further restrictions, including the requirement for female TV presenters to wear tight headscarves and face masks.
The international community has consistently condemned these policies, yet the Taliban has continued to dismiss criticism, asserting that their interpretation of Islamic law grants all citizens their rights. The group’s hardline stance has also created a barrier to the Taliban’s efforts to secure official recognition on the international stage. To date, no country has formally recognised the Taliban-led government.
A step toward accountability
The ICC’s pursuit of accountability for the Taliban’s actions marks an important moment in the fight for justice for Afghan women and girls. Despite the challenges in enforcing international law, the arrest warrants could send a powerful message that the persecution of women will not go unchecked. As the legal proceedings unfold, there is hope that this case will spark broader international efforts to hold the Taliban responsible for their crimes and bring about lasting change for the women and girls of Afghanistan.
