ICC issues arrest warrants for Taliban leaders in Afghanistan over gender crimes

The International Criminal Court (ICC) on July 8 issued arrest warrants against the Supreme Leader of the Taliban, Haibatullah Akhundzada, and the Chief Justice of the “Islamic Emirate of Afghanistan”, Abdul Hakim Haqqani. The two de facto rulers are accused of crimes against humanity — specifically gender-based persecution targeting Afghan women, girls, and others defying Taliban gender policies.

The ICC’s Pre-Trial Chamber II found “reasonable grounds to believe” that the Taliban leaders “committed — by ordering, inducing or soliciting — the crime against humanity of persecution” under Article 7(1)(h) of the Rome Statute. These acts, the court said, were based both on gender and perceived political affiliations.

This is the first time the ICC has issued arrest warrants against Taliban leadership, marking a major development in global efforts to hold Afghanistan’s rulers accountable for human rights violations.

The crimes, which span from August 15, 2021, when the Taliban seized power, until at least January 20, 2025, are believed to include murder, imprisonment, torture, rape, and enforced disappearances, particularly targeting women and girls.

“The Taliban have specifically targeted girls and women by reason of their gender, depriving them of fundamental rights and freedoms,” the court stated, citing decrees and edicts that severely curtailed the rights to education, freedom of movement, privacy, and religious expression.

The Chamber also noted that others — described as “allies of girls and women” — were persecuted for supporting gender rights or opposing the Taliban’s restrictive policies, even if only passively.

The ICC emphasised that gender persecution includes not just physical violence, but “systemic and institutionalised forms of harm,” including discriminatory policies and enforced societal norms.

Although the warrants remain sealed to protect victims and witnesses, the Chamber decided to publicly disclose their existence to “contribute to the prevention of the further commission of these crimes.”

“This provision reflects the Statute’s broader aim to protect civilian populations from serious and systemic violations of fundamental rights, particularly those targeting vulnerable groups,” the Chamber noted.

– Ends