International Criminal Court (ICC) Prosecutor Karim AA Khan announced Jan. 23 that his office has filed applications for arrest warrants before the Pre-trial Chamber against two Taliban officials accused of committing crimes against humanity. These applications stem from thorough investigations conducted by the Prosecutor's Office and are part of a broader inquiry into the situation in Afghanistan.

Khan stated that his office collected solid evidence suggesting that the "supreme leader" of the Taliban, Haibatullah Akhundzada, and the chief justice of the "Islamic Emirate of Afghanistan," Abdul Hakim Haqqani, committed the crime of persecution on the basis of gender, violating Article 7 (1) (h) of the Rome Statute. He said that these Taliban officials have been persecuting Afghan women and girls, as well as any persons who don't follow their ideology, over the last four years. He said that the requested warrants are based on a wide range of evidence, including testimonies, official statements, and forensic reports gathered by a specialized investigation team.

Khan further detailed that the evidence indicates Taliban leaders deprived Afghan women of their fundamental rights, including the right to physical integrity, free movement, free expression, education, and private and family life. They also brutally repressed any individual who resisted or opposed their decisions through acts of murder, imprisonment, torture, rape and other inhumane acts criminalized by the Rome Statute. The prosecutor emphasized that "the Taliban's interpretation of Sharia should not, and may not be used to justify the deprivation of fundamental human rights or the related commission of Rome Statute crimes."

Since the Taliban gained power in August 2021, the human rights situation has dramatically worsened in Afghanistan, especially for women and girls. This deterioration has prompted several foreign governments to refer the situation in Afghanistan to the ICC for investigation. The Taliban have imposed severe restrictions on women and girls that deny them fundamental rights, such as education, healthcare, and freedom of movement. In December 2024, Taliban authorities banned female students from pursuing medical training in the country and have also imposed construction restrictions that prohibit the inclusion of windows in homes overlooking neighboring properties occupied by women.

From JURIST, Jan. 23. Used with permission.