The Long Arm of Justice: ICC Indicts Taliban for Gender Apartheid. -

Founded in 2002 by the Rome Statute, the International Criminal Court (ICC) is a permanent tribunal based in The Hague, Netherlands, tasked with investigating and prosecuting individuals accused of the gravest international crimes: genocide, war crimes, crimes against humanity, and aggression. The ICC intervenes when national courts are unable or unwilling to do so, serving as a global guardian of justice. To date, the court has pursued around 60 arrest warrants, resulting in 11 convictions and four acquittals.

The Court’s mandate stems from its member states 125 nations that ratified the Rome Statute(https://www.icc-cpi.int/sites/default/files/2024-05/Rome-Statute-eng.pdf). Though non‑members like the United States, Russia, and China are excluded, the ICC can assert jurisdiction in their territories only under limited circumstances . However, a critical limitation remains: the ICC lacks its own enforcement mechanism and instead relies on member countries to arrest and surrender individuals.

The Situation in Afghanistan: Renewed Focus

Afghanistan became a focal point for ICC scrutiny when, on March 5, 2020, a formal investigation was authorized into alleged war crimes and crimes against humanity committed since May 1, 2003. This investigation encompassed abuses by U.S. and allied forces, Afghan government officials, the Taliban, and ISIS‑Khorasan fighters. Initial hesitation by the ICC, citing evidentiary and cooperation challenges, gave way to renewed momentum. In late 2022, the ICC resumed full investigations following a determination that Afghanistan’s domestic legal system was unwilling or unable to deliver accountability.

January 2025: Prosecutor Files for Taliban Warrants

On January 23, 2025, ICC Chief Prosecutor Karim Ahmad Khan formally applied for arrest warrants against two top Taliban officials Supreme Leader Haibatullah Akhundzada and Chief Justice Abdul Hakim Haqqani on charges of crimes against humanity, specifically “persecution on gender grounds”. The application, supported by extensive evidence such as decrees, witness accounts, testimonies from experts on gender and psycho‑social impact, and audiovisual documentation, identified patterns of severe deprivations: restrictions on women’s education, movement, expression, family life, and violence including murder, torture, rape, and enforced disappearances.

Prosecutor Khan emphasized the gender-based nature of the offenses, which targeted not only girls and women but also LGBTQI+ individuals and people perceived as allies of women. He noted: “Afghan survivors … deserve accountability … through the effective and impartial application of international law”.

July 8, 2025: Warrants Issued

Following judicial review, the ICC’s Pre‑Trial Chamber II issued the official arrest warrants on July 8, 2025, confirming there were “reasonable grounds to believe” that Akhundzada and Haqqani committed crimes against humanity between August 15, 2021 (when the Taliban seized power) and January 20, 2025. They were accused of systematic government conduct that deprived rights and freedoms from women, girls, and other marginalized individuals, including murder, torture, rape, imprisonment, and disappearance. In a rare legal distinction, the Court formally recognized gender-based persecution with implications extending beyond women to include LGBTQI+ people for the first time in international criminal proceedings.

Global Reaction: Champions and Critics

Human rights groups such as Human Rights Watch and Amnesty International praised the decision. Amnesty’s Secretary General Agnès Callamard described it as “an important development that gives hope … to Afghan women, girls, as well as those persecuted on the basis of gender identity or expression”. Human Rights Watch and United Nations bodies also condemned the new laws under Taliban governance as gender apartheid. Civil society advocates, especially Afghan women activists in exile, hailed the ICC’s action as “formal recognition of gender-based oppression akin to apartheid”, declaring, “Now…they carry the mark of international criminals”.

Taliban’s Response: Rejection and Defiance

The Taliban government swiftly denounced the warrants, dismissing them as “nonsense,” politically motivated, and an affront to Sharia law. In January, their Foreign Ministry had already called the attempt “devoid of fair legal basis” and biased against Islam. Taliban spokespeople emphasized they would not recognize ICC authority and accused the court of hypocrisy for allegedly ignoring alleged war crimes by Western forces.

Challenges in Enforcing the Warrants

The ICC lacks independent enforcement capabilities and depends on member states to arrest suspects, making compliance uncertain. Even if Akhundzada or Haqqani traveled to a country party to the Rome Statute, their arrest would hinge on that country’s willingness and capacity to act. Historically, member states have at times failed to arrest individuals such as Hungary’s refusal to detain Israeli PM Netanyahu despite an active warrant. Consequently, analysts warn that the ICC may rely more on isolation, travel restrictions, and symbolic weight rather than immediate detainment.

Conclusion

The ICC’s July 2025 issuance of arrest warrants for Taliban Supreme Leader Haibatullah Akhundzada and Chief Justice Abdul Hakim Haqqani marks a legal milestone. By framing the systematic repression of women, girls, and LGBTQI+ persons as crimes against humanity and first‑ever gender‑persecution offenses the ICC has sent a strong message: egregious violations of fundamental rights, even when cloaked in ideological or religious frameworks, will not go ignored. Yet this judicial achievement remains largely symbolic unless supported by tangible enforcement. The coming months will test whether the global community and ICC member states can translate legal accountability into real consequences for those accused.

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