The Taliban announced [5] on Feb. 20 that Afghanistan will no longer recognize the jurisdiction of the International Criminal Court (ICC) [6], stating that the country's 2003 accession to the Rome Statute is declared to be legally void after ICC prosecutor Karim Khan sought arrest warrants [9] for Taliban Supreme Leader Hibatullah Akhundzada and the Chief Justice of Afghanistan Abdul Hakim Haqqani last month.
The Taliban accused the ICC of political bias and failing to hold foreign occupiers accountable for wartime atrocities committed during the US-led campaign in Afghanistan from 2001 to 2021. The group further emphasized that major global powers including the US are not signatories to the Rome Statute, stating [5] that it is "unwarranted for a nation such as Afghanistan, which has historically endured foreign occupation and colonial subjugation, to be bound by its jurisdiction."
Afghanistan signed the Rome Statute [10] in 2003 under a Western-backed government, thereby allowing the ICC to prosecute war crimes and crimes against humanity which occur in Afghan territory. However, the Taliban, which ousted the previous government and took power [11] in August 2021, has declared that decision to be now devoid of any legal force. "As an entity that upholds the religious and national values of the Afghan people within the framework of Islamic Sharia, the Islamic Emirate of Afghanistan does not recognize any obligation to the Rome Statute or the institution referred to as the 'International Criminal Court,'" the Taliban said.
"In numerous countries, including Afghanistan, millions of innocent civilians—predominantly women and children—have suffered oppression and been subjected to acts of violence. However, this 'court' has conspicuously failed to address these egregious injustices," Taliban deputy spokesman Hamdullah Fitrat stated.
ICC Prosecutor Karim Khan cited [12] persecution against Afghan women, girls and LGBTQ+ individuals as central to the proposed warrants for key Taliban figures. Persecution on the basis of gender contravenes Article 7 (1) (h) [13] of the Rome Statute and is considered a crime against humanity. According to a report [14] from UNESCO in August 2024, at least 1.4 million Afghan girls have been denied secondary education under Taliban rule.
The Taliban administration rejects these claims, maintaining that its governance aligns with teachings rooted in the divine commands. "Every decree [the Supreme Leader] issues is based on consultation with scholars and derived from the Quran and Hadith and represents commands of Allah," stated the Taliban spokesperson.
Although the Taliban government has withdrawn its accession to the Rome Statute, the ICC retains jurisdiction over crimes committed before the withdrawal, according to Article 127 [15] of the Rome Statute.
From JURIST [16], Feb. 22. Used with permission.
Note: The United States also faces a war crimes investigation [7] related to the Afghanistan conflict before the ICC.
