The ICC, the Taliban, and the Crime of Gender Persecution: An Interview with the International Criminal Court

ICC arrest warrants for Taliban leader Hibatullah Akhundzada and chief justice Abdul Hakim Haqqani mark a major escalation in accountability efforts for gender-based persecution in Afghanistan, focusing on systematic repression of women, girls, and LGBTQ+ persons. However, enforcement remains highly uncertain due to limited state cooperation, meaning the Court’s action is primarily symbolic unless external political and diplomatic pressure shifts.

In July 2025, the International Criminal Court, based in The Hague, issued arrest warrants for Hibatullah Akhundzada, the Taliban’s supreme leader since 2016, and Abdul Hakim Haqqani, the group’s chief justice, for the crime against humanity of persecution on gender grounds against women, girls and persons perceived by the Taliban as not conforming to its ideological expectations of gender identity or expression. These were the first arrest warrants issued by the Court in the Situation in Afghanistan since the ICC opened its investigation into alleged crimes committed in the country.

Akhundzada joined the Taliban in 1994 and quickly ascended its ranks, serving in various judicial and religious roles. During the Taliban’s first period in power, from 1996 to 2001, he was appointed chief justice of the Sharia courts, where he helped reinforce the movement’s repressive policies toward women and the broader Afghan population.

Haqqani is affiliated with Dar-ul Uloom Haqqania, a powerful Deobandi madrassa in Pakistan. Sharing similar views with Akhundzada, he has played a central role in drafting and interpreting the Taliban’s legal and judicial policies.

Haqqani has been influential in shaping the Taliban’s ideological and legal decisions, particularly those affecting the rights of women and girls. The repression extends further still against the LGBTQ+ community, where persecution has been accompanied by extreme social exclusion, intimidation and physical violence.

Since returning to power in mid-2021, the Taliban has hardened its rule, arguably to an even more repressive extent than during its previous period in government. The United Nations has repeatedly warned of a severe humanitarian crisis in Afghanistan, where millions face hunger, while the economy, education system and social services continue to deteriorate.

Interview

Edu Montesanti: What is the current situation of the Taliban members prosecuted by the ICC?

International Criminal Court: On 23 January 2025, the Office of the Prosecutor of the International Criminal Court applied for arrest warrants for Mr Haibatullah Akhundzada, Supreme Leader of the Taliban, and Mr Abdul Hakim Haqqani, Chief Justice of the “Islamic Emirate of Afghanistan”, for the crime against humanity of persecution on gender grounds, from at least 15 August 2021 until at least 20 January 2025, across the territory of Afghanistan.

On 8 July 2025, Pre-Trial Chamber II issued warrants of arrest for both suspects. The strong cooperation of Afghan victims and witnesses, Afghan and international civil society, and all partners have been critical to advancing the Office’s investigations in this situation.

The Office is working closely with the Registry, States Parties and non-States Parties to enforce these arrest warrants.

Edu Montesanti: What do these warrants particularly mean to the ICC?

International Criminal Court: The issuance of these warrants is a landmark moment – as these are the first arrest warrants in the Situation in Afghanistan, the first to charge persecution of women and girls solely on the grounds of gender, and the first to charge persecution of LGBTQI+ persons on gender grounds.

These warrants recognise the rights and lived experiences of Afghan women and girls, as well as the rights of persons whom the Taliban perceived as not conforming with their ideological expectations of gender identity or expression, such as members of the LGBTQI+ community.

Edu Montesanti: What details are missing regarding the ICC to punish Taliban members for their crimes, especially against female individuals?

International Criminal Court: The Office continued its investigation into alleged crimes in this situation, including through interviews of multiple witnesses and the collection of documentary evidence, public statements and decrees by Taliban leaders, in addition to large volumes of open-source material.

Allegations of systematic discrimination and persecution against women and girls, as well as minority and opposition groups, have been a priority of the Office’s investigations.

In particular, the Office has integrated gender experts in its investigation team, along with country experts and psycho-social experts, to further ensure that the gender and inter sectional dimensions of alleged crimes are fully and effectively addressed.

The focus of the investigation is on alleged crimes by members of the Taliban and the so-called Islamic State in Khorasan. Alleged crimes by other groups remain deprioritised.

In line with its duties and responsibilities, and in accordance with the Court’s legal framework to protect the safety, well-being, dignity and privacy of witnesses and victims, the Office continued to take steps to address the protection of witnesses.

The Office also continues to actively engage with diverse CSOs to request and receive leads and non-public source material relating to documentation of relevant crimes in Afghanistan.

The Team has met regularly with Afghan CSOs, at the Court and virtually, to highlight the ongoing lines of inquiry in the investigation and to explain the team’s work.

Edu Montesanti: What is the next case for the ICC regarding the Taliban after the warrant issued against two of its leaders?

International Criminal Court: The Office cannot provide comments on matters related to ongoing investigations and any specific charges that may arise in relation to situations addressed by the Office.

Furthermore, as a matter of practice, we cannot comment on any statements made by external experts. This approach is essential not only to protect the integrity of the investigations, but also to ensure the safety and security of victims, witnesses and all those with whom the ICC Office of the Prosecutor interacts.

Final Notes

The world’s media largely forgot Afghanistan long ago, as have many international organisations that once claimed to place women’s rights at the centre of their global agenda. Meanwhile, the international community appears, little by little, to be accommodating the Taliban regime as a normal political reality, despite its exercise of power through religious and cultural coercion. This is particularly striking in relation to the United States and, more specifically, the Trump administration, which loudly proclaims a global concern for security and freedom while, in other cases, granting itself the right to violate national and international law through aggressive action against states in different regions of the world.

As for the ICC process, the next step would be for Akhundzada and Haqqani either to surrender to The Hague or to be transferred by a cooperating state. Once the accused appear before the Court, a confirmation of charges hearing would follow.

Cooperation among member states is vital for the ICC to implement arrest warrants once they are issued. It is not expected, however, that the Taliban itself will surrender its own leaders to an international court.

In late 2022, the ICC released its Policy on the Crime of Gender Persecution, a tool intended to strengthen accountability for gender-based persecution, including against lesbian, gay, bisexual, transgender, intersex and queer people.

At the same time, ICC Prosecutor Karim Asad Ahmad Khan has been criticised by human rights activists in Afghanistan and internationally for not including, at least publicly so far, a wider range of Afghan political and military figures in the Court’s proceedings. These include Abdul Rasul Sayyaf, Atta Mohammad, Mohammad Younus Qanooni, Mohammad Fahim, Gulbuddin Hekmatyar, Abdul Rashid Dostum, Burhanuddin Rabbani, Ismail Khan, Karim Khalili, Mohammad Mohaqiq, Haji Qadir and Hazrat Ali.