The International Criminal Court (ICC) has filed two applications for arrest warrants under Pre-Trial Chamber II in the Situation in Afghanistan. These filings target Seniorletes Haibatullah Akhundzada and Abdul Hakim Haqqani, alleging they are criminally responsible under Article 7(1)(h) of the Rome Statute for gender-based persecution against Afghan civilians.
The applications stem from an independent investigation conducted by the ICC’s Afghanistan Unified Team, supported by a dedicated investigative team that included gender experts and partners from various national authorities and international organizations. The evidence collected indicates that these two Afghan nationals are believed to be responsible for persecution targeting Afghan girls, women, and LGBTQI+ individuals since August 2021.
The process involved thorough examination of credible testimonies, official decrees, forensic reports, and audio-visual materials. This effort reflects the Court’s commitment to addressing gender-based crimes, including gender persecution, and holding the Taliban accountable for the dehumanizing treatment of Afghan women and girls.
These applications mark the first such formal legal actions against senior Taliban figures in nearly 40 years. The ICC emphasizes that the status quo for Afghan women and girls remains unacceptable, and accountability is a top priority.
The judges will assess whether these applications establish sufficient grounds for pursuing formal arrest warrants. If granted, the ICC will collaborate with Afghan authorities to ensure justice is served and prevent further suffering.
This action underscores the Court’s resolve to address historical injustices faced by Afghan women and girls and holds the Taliban accountable for perpetuating gender-based crimes under the Rome Statute.
Source: https://www.icc-cpi.int/news/statement-icc-prosecutor-karim-aa-khan-kc-applications-arrest-warrants-situation-afghanistan