ICC Prosecutor Seeks Arrest of Taliban Leaders for Persecution of Women

The Chief Prosecutor of the International Criminal Court (ICC), Karim Khan, announced on Thursday his intent to pursue arrest warrants for senior Taliban leaders in Afghanistan over the persecution of women, a crime categorized as against humanity.

Khan stated that Supreme Leader Haibatullah Akhundzada and Chief Justice Abdul Hakim Haqqani bear "criminal responsibility for the crime against humanity of persecution on gender grounds.” He emphasized that Afghan women, girls, and the LGBTQ community have been subjected to “unprecedented, unconscionable, and ongoing persecution by the Taliban.”

“Our action signals that the status quo for women and girls in Afghanistan is not acceptable,” Khan declared.

ICC Process and Implications

The ICC, headquartered in The Hague, will have judges review Khan’s application before deciding on issuing arrest warrants—a process that could take weeks or months. Once issued, arrest warrants rely on the ICC’s 125 member states to enforce them, although results have historically been mixed.

Those under ICC arrest warrants are theoretically restricted from traveling to member states due to the risk of detention.

Khan also warned that additional applications for other Taliban officials are forthcoming.

Supreme Leader Akhundzada, who took over Taliban leadership in May 2016 following the death of his predecessor in a U.S. drone strike, has remained reclusive, ruling by decree from Kandahar. Chief Justice Haqqani, a close associate of Taliban founder Mullah Omar, played a key role in negotiations with U.S. representatives in 2020.

Khan also pointed to other crimes against humanity allegedly committed by the Taliban, including murder, imprisonment, torture, rape, enforced disappearances, and other inhumane acts.

Since regaining power in August 2021, the Taliban has imposed sweeping restrictions on women, prompting the United Nations to label their actions as “gender apartheid.”

Women and girls have been barred from secondary schools and universities, making Afghanistan the only country globally with such bans. Women have also been restricted from working with NGOs, government roles, or even accessing public parks and gyms.

A strict "vice and virtue" policy dictates that women conceal their bodies and faces in public, with face masks or traditional burqas mandated. Most recently, women were banned from attending health institutes offering midwifery and nursing courses.

These measures have been widely condemned by rights groups and the international community. Liz Evenson, Human Rights Watch's international justice director, stated, “Three years after the Taliban retook power, their systematic violations of women and girls’ rights have accelerated with complete impunity.”

Despite mounting international condemnation, the Taliban has consistently defended its policies, claiming they align with Islamic law. These restrictions, however, remain a significant barrier to the Taliban’s pursuit of formal recognition, which no state has granted.

As the ICC moves forward, its actions highlight the urgency of addressing the dire situation faced by Afghan women and the broader human rights abuses under Taliban rule.

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