ICC Issues Arrest Warrants for Taliban Leaders over Gender-Based Persecution in Afghanistan

KABUL, AFGHANISTAN — The International Criminal Court (ICC) has issued arrest warrants for two senior Taliban leaders on charges of crimes against humanity, including gender-based persecution against women, girls, and others who do not conform to the group’s strict gender policies.

In a major development on Tuesday (July 8), the ICC’s Pre-Trial Chamber II confirmed there are “reasonable grounds to believe” that Haibatullah Akhundzada, the Taliban’s Supreme Leader, and Abdul Hakim Haqqani, the Chief Justice of the Taliban’s judiciary, were responsible—either by ordering, inducing, or soliciting—the persecution of civilians based on gender and political grounds.

The crimes were committed from the Taliban’s return to power on 15 August 2021 up until at least 20 January 2025, a period marked by sweeping restrictions, particularly targeting women and girls.

According to the Court, the Taliban imposed a state policy that systematically violated fundamental rights and freedoms across Afghanistan. These included acts of murder, imprisonment, torture, rape, and enforced disappearance, alongside severe societal restrictions and discriminatory laws that stripped women of their rights to education, movement, freedom of expression, and family life.

The Court emphasized that the persecution extended beyond women and girls, targeting individuals perceived as allies or supporters of gender equality. This included those who expressed dissent, either actively or passively, against the Taliban’s interpretation of gender norms.

“The Chamber considers that gender persecution includes not only acts of violence but also systemic and institutionalized harm, such as the imposition of discriminatory norms,” the ICC stated. It also acknowledged the broader goal of Article 7(1)(h) of the Rome Statute, which aims to protect vulnerable civilian populations from widespread and severe human rights violations.

Although the arrest warrants remain officially sealed to protect victims and witnesses, the Court publicly disclosed their existence in hopes of preventing further crimes and raising awareness of ongoing violations under Taliban rule.

This marks the first time top Taliban leaders have been formally accused in an international legal forum since their takeover in 2021. The move is likely to have far-reaching legal and political implications for the Taliban’s international recognition and internal governance.

Afghan civil society groups and women’s rights advocates have welcomed the announcement, viewing it as a critical step toward justice and accountability after years of repression.

The Taliban have yet to officially respond to the ICC’s decision.