%201.svg){kind=icon}
%201.svg)
Last week, a top prosecutor at the International Criminal Court (ICC) requested arrest warrants for two Taliban leaders pertaining on the grounds of crimes against humanity of persecution on gender grounds. The warrants are for the arrest of the Supreme Leader of the Taliban Haibatullah Akhundzada and Chief Justice of the Islamic Emirate of Afghanistan, Abdul Hakim Haqqani.
Taking on the role of Supreme Leader in 2016, Akhundzada has historically taken an exceptionally hardline stance against the liberties of women and girls. He was selected as leader due to his extreme Islamist scholarly teachings and personal commitment demonstrated by his son committing “martyrdom” as a suicide bomber. Akhundzada’s own policies enacted persecution that “entailed numerous severe deprivations of the victims’ fundamental rights, contrary to international law, including to education, to free movement and free expression, to private and family life, to free assembly, and to physical integrity and autonomy.”
Prosecutor Karim A.A. Khan KC argues that not only do these policies impact the women of Afghanistan in the present, but will affect future generations in the form of lost opportunities and unfulfilled potential. Additionally, as a leader, Akhundzada was complicit in acts of gender-based violence committed by other Taliban members.
Abdul Hakim Haqqani took on the role of Chief Justice in October 2021. At this time, the Taliban began to enact swift rollbacks of the rights of women and girls. As the group’s most influential religious leader, he is responsible for shaping the Taliban’s interpretations and rulings of Sharia law. Given that the rights of women and girls are shaped by these interpretations, he holds some responsibility for their plight. Judges will have to approve the arrest warrants before they are issued.
The Taliban subsequently released a statement lambasting the proceedings, accusing them of being politicized. The statement also pushed back on the ICC and the West asserting, “Regrettably, this institution had turned a blind eye to the war crimes and crimes against humanity committed by foreign forces and their domestic allies during their twenty-year occupation of Afghanistan.” The motions filed and subsequent response of the Taliban come at a time where the ICC is under operational distress. In 2023, the court issued arrest warrants for Vladimir Putin and his commissioner for children’s rights, Maria Lvova-Belova. Moscow dismissed the charges, stating that they do not recognize the court’s authority. As a result, President Trump is threatening to sanction the court over issuing an arrest warrant for Bibi Netanyahu.
The ICC does not have any military ability to enforce its rulings, and is completely reliant on its 125 member states to make arrests, which they are only able to do if those wanted for arrest set foot in their countries. This makes it increasingly difficult to follow through on any actions against Taliban leaders. In a world where there is a growing pattern of women’s rights being stifled by extremism, it is imperative for the future of Afghanistan, the validity of the ICC, and the dignity of the female sex that swift and serious action be taken.
