GENEVA – Human rights experts* today welcomed the request by the Prosecutor of the International Criminal Court (ICC) to issue arrest warrants for senior Taliban leaders Haibatullah Akhundzada and Abdul Hakim Haqqani for the crime against humanity of persecution on gender grounds in Afghanistan. The experts issued the following statement:

“This is a critical step forward in the pursuit of justice for crimes against humanity committed against Afghans. It sends an important signal to the Taliban that members of its leadership are liable for committing international crimes, including gender persecution, and may face arrest and trial. Equally, the people of Afghanistan, especially women, girls, and the LGBTQI+ people now know that the International Criminal Court hears them and has begun to take concrete actions to achieve justice for them. 

The Prosecutor is sending a clear message to the rest of the world that the discriminatory and misogynistic policies being enforced in Afghanistan are not only unacceptable but may constitute serious crimes under international law. Those who are tempted to normalise the Taliban should be aware that its leadership may be held criminally accountable for international crimes.

We greatly welcome the Prosecutor’s focus on accountability for gender-based crimes. For too long, the crime of gender persecution has been overlooked, despite being contemplated in the Rome Statute. By seeking these arrest warrants, the Prosecutor has made clear that such crimes are serious and will not go unpunished.

This case marks a historic moment, including because it confirms that crimes based on ‘gender’ also encompass those grounded on sexual orientation, gender identity and expression, and sex characteristics.

We are encouraged by the Prosecutor’s unwavering commitment to pursue further arrest warrants and urge that they be made at the earliest opportunity.

Today’s long-awaited action demonstrates the ICC’s critical role in upholding international justice where domestic measures have failed. Member countries must stand united in their full support for the Court and its independent mandate to hold perpetrators of atrocity crimes accountable. At the same time, far more must be done to ensure accountability for crimes committed in Afghanistan over decades by multiple parties to the conflict, with victims and survivors always put at the centre."