ICC Office of the Prosecutor: Afghanistan warrants vindicate rights of women, girls
The Office of the Prosecutor (OTP) of the International Criminal Court welcomes the decision by Pre-Trial Chamber II to unseal four warrants of arrest issued in the Situation in Afghanistan, on 8 July 2025 and 9 September 2025, for the crime against humanity of persecution on gender and on political grounds.
On 23 January 2025, the Office submitted the first two applications for warrants of arrest, for the Supreme Leader of the Taliban, Mr Haibatullah AKHUNDZADA, and the Chief Justice of the “Islamic Emirate of Afghanistan”, Abdul Hakim HAQQANI, who have exercised de facto authority in Afghanistan from at least 15 August 2021.
On 6 March 2025, the Office submitted an additional two applications for warrants of arrest for Mr Habibullah AGHA, Acting Minister of Education, and Mr Neda Mohammad NADIM, Acting Minister of Higher Education.
“The issuance of the two additional arrest warrants in the Situation of Afghanistan is a further vindication of the rights of Afghan women and girls, particularly their right to education. Education is a fundamental human right that must be enjoyed by all. Afghan women and girls deserve accountability for the severe deprivation of their rights and freedoms,” said Deputy Prosecutor Nazhat Shameem Khan.
The warrants also recognise the rights and lived experiences of persons whom the Taliban perceive as not conforming with their ideological expectations of gender identity or expression, such as members of the LGBTQI+ community, and persons whom the Taliban perceive as allies of girls and women.
The Office further welcomes the judges’ finding that gender persecution encompasses systematic and institutionalised forms of harm. These arrest warrants cumulatively demonstrate the Office’s unwavering commitment to pursue accountability for gender-based crimes, including gender persecution in Afghanistan.
In its Policy on the Crime of Gender Persecution, the Office recognised the complex nature of victimisation, acknowledging that acts of gender persecution may include but not always be manifested as forms of sexual or physical violence.
These warrants highlight the profound harm caused by the imposition of institutional systems of discrimination.
“The plight of Afghan women and girls is one of the gravest examples of gender persecution. Afghan women and girls are systematically discriminated against, on the basis of their gender. They deserve justice,” Deputy Prosecutor Khan said.
The OTP continues to investigate allegations of gender persecution by the de facto authorities in Afghanistan, as well as allegations of persecution of the civilian population of Afghanistan on other grounds, including politics, ethnicity and religion.
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