ICC files arrest warrant applications against Taliban leaders over "persecution on gender grounds"

The applications accuse the Supreme Leader of the Taliban, Haibatullah Akhundzada, and the Chief Justice of the "Islamic Emirate of Afghanistan," Abdul Hakim Haqqani, of crimes against humanity for persecution on gender grounds.

In a statement on Thursday, Karim Khan said, "Today, I can announce that my Office has filed two applications for warrants of arrest before Pre-Trial Chamber II of the International Criminal Court in the situation in Afghanistan... My office has been independently and impartially examining alleged crimes committed against Afghan civilians."

"After a thorough investigation and on the basis of evidence collected, my office submits that there are reasonable grounds to believe that the Supreme Leader of the Taliban, Haibatullah Akhundzada, and the Chief Justice of the "Islamic Emirate of Afghanistan," Abdul Hakim Haqqani, bear criminal responsibility for the crime against humanity of persecution on gender grounds, under article 7(1)(h) of the Rome Statute," the statement added.

Karim Khan further said that his office has concluded that these two Afghan nationals are criminally responsible for persecuting Afghan girls and women, as well as persons whom the Taliban perceived as not conforming with their ideological expectations of gender identity or expression, and persons whom the Taliban perceived as allies of girls and women.

"This persecution was committed from at least 15 August 2021 until the present day, across the territory of Afghanistan. This ongoing persecution entails numerous severe deprivations of victims' fundamental rights, contrary to international law, including the right to physical integrity and autonomy, to free movement and free expression, to education, to private and family life, and to free assembly," the statement said.

"These are the first applications for arrest warrants in the Situation in Afghanistan. My office will file further applications for other senior members of the Taliban soon," it added.

The ICC statement further stated that the requests for warrants of arrest are based on diverse evidence, including expert and witness testimonies, official decrees, forensic reports, statements by the suspects themselves and other Taliban representatives, and audio-visual material.

"These applications recognise that Afghan women and girls as well as the LGBTQI+ community are facing an unprecedented, unconscionable and ongoing persecution by the Taliban. Our action signals that the status quo for women and girls in Afghanistan is not acceptable. The judges of the International Criminal Court will now determine whether these applications for arrest warrants establish reasonable grounds to believe that the named individuals committed the alleged crimes..."

Notably, restrictions have been imposed on Afghan women since the Taliban seized power in August 2021, prompting the United Nations to denounce the "gender apartheid" the authorities have established, according to Al Jazeera report.

Taliban has banned girls from studying beyond sixth class, restricted employment and blocked access to parks and other public places. While announcing the decision, Taliban had said that the ban was a "temporary suspension" that would be resolved after creating a safe environment for girls to attend school. However, no change in decision has been announced yet. (ANI)