Updated on 20/02/2025

On 5 March 2020, the Appeals Chamber of the International Criminal Court ("Court" and "ICC") authorised the ICC Prosecutor to commence an investigation into alleged crimes under the jurisdiction of the Court (“Afghanistan Appeals Judgment”) in relation to the situation in the Islamic Republic of Afghanistan (“Afghanistan” and “Afghanistan Situation”).

On 26 March 2020, the Government of Afghanistan sought a deferral of the Prosecutor's investigation in the Afghanistan Situation.  

On 27 September 2021, the Prosecutor requested Pre-Trial Chamber II (PTC II) to authorise the resumption of an investigation in the Afghanistan Situation pursuant to Article 18(2) of the Rome Statute.

On 31 October 2022, PTC II authorised the Office of the Prosecutor (OTP) to resume the investigation into the Afghanistan Situation (“Article 18(2) Decision”).

On 22 November 2022, the OTP filed its appeal brief against the Article 18(2) Decision. The OTP appealed paragraph 59 of the Article 18(2) Decision which authorised the resumption of the Court’s investigation in Afghanistan only with respect to “the crimes [and parties] falling within the situation and the conflict, as it existed at the time of the decision authorising the investigation and based on the request to open it”. The OTP requested the Appeals Chamber to correct the alleged errors identified, reverse and amend paragraph 59 of the Decision and confirm the scope of the Court’s jurisdiction in this situation in the terms previously articulated by the Appeals Chamber in the Afghanistan Appeal Judgment. 

On 4 April 2023, the Appeals Chamber issued its decision on the OTP appeal and it amended the Article 18(2) Decision to align it with the scope of the Prosecutor’s investigation in the Afghanistan situation “in relation to alleged crimes committed on the territory of Afghanistan in the period since 1 May 2003, as well as other alleged crimes that have a nexus to the armed conflict in Afghanistan and are sufficiently linked to the situation and were committed on the territory of other States Parties in the period since 1 July 2002”, as previously determined by the Appeals Chamber in the Afghanistan Appeals Judgment.

On 23 January 2025, the ICC Prosecutor issued a statement publicising his Office’s application for two arrest warrants in the Afghanistan Situation, noting that he “will file further applications for other senior members of the Taliban soon”. In this statement, the Prosecutor announced that the OTP has concluded 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”, committed from at least 15 August 2021 until the present day, across the territory of Afghanistan.

The application for a warrant of arrest against Haibatullah AKHUNDZADA is available here. The application for a warrant of arrest against Abdul Hakim HAQQANI is available here.

Pre-Trial Chamber II will determine, after having examined the evidence or other information submitted by the Prosecutor, whether the two applications for arrest warrants establish reasonable grounds to believe that the named individuals committed the alleged crimes. The Chamber will also determine whether it appears necessary to arrest them to ensure their initial appearance at trial, or to ensure that these persons do not obstruct or endanger the investigation or the Court proceedings, or, where applicable, to prevent these persons from continuing with the commission of that crime. The Chamber may either issue the requested arrest warrants or reject the OTP request. This process may take several months before a decision is issued.

What is the scope of the investigation into the Afghanistan Situation?

The Appeals Chamber confirmed that the ICC Prosecutor is authorised to investigate all crimes falling under the ICC jurisdiction alleged to have been committed on the territory of Afghanistan since 1 May 2003, as well as other alleged crimes that have a nexus to the armed conflict in Afghanistan, are sufficiently linked to the situation in Afghanistan and were committed on the territory of other States Parties to the Rome Statute since 1 July 2002.

The two warrants of arrest requested by the ICC Prosecutor on 23 January 2025 are focused on the crime against humanity of persecution on gender grounds, under article 7(1)(h) of the Rome Statute, committed from at least 15 August 2021 until the present day, across the territory of Afghanistan.

Victims’ participatory rights and communication with the Court

The ICC is the first permanent international criminal court which envisages the right of victims to participate in proceedings and request reparations, in case of a conviction. Victims can present their views and concerns to the Court, at stages of proceedings considered appropriate by the judges, where their personal interests are affected.

At the investigation stage, victims can communicate with the Court in a number of ways:

• Any individual, group or State can send information to the Office of the Prosecutor regarding any alleged crimes in the Afghanistan Situation falling under the jurisdiction of the Court. Persons with such information, including affected communities of the situation, can communicate to the Office of the Prosecutor any relevant information for the purposes of the investigation on the following dedicated portal: https://otplink.icc-cpi.int/.

• Victims who suffered harm as a result of alleged crimes within the jurisdiction of the ICC committed on the territory of Afghanistan in the period since 1 May 2003, as well as other alleged crimes that have a nexus to the armed conflict in Afghanistan and are sufficiently linked to the Situation and were committed on the territory of other States Parties to the Rome Statute since 1 July 2002, may also reach out to the Court with a view to being recognised as victims for the purpose of participation in criminal proceedings against one or more suspects.

For more information relating to these rights before the ICC, victims can contact the Victims Participation and Reparations Section ("VPRS") - the section within the ICC Registry responsible for assisting victims in the process of applying for participation in judicial proceedings, and reparations in case of a conviction, at [email protected].

In particular, victims can fill in and submit to the ICC Registry application forms for participation in proceedings and for reparations. The Registry receives these forms  and transmits them in original form to the judges (and to the parties in redacted form) when judicial proceedings arise, and if ordered to do so.

Please note that before filling in a victim application form, it is advised that victims and survivors or their representatives contact the VPRS for further information and advice as to what participation in ICC proceedings generally entails. In addition, the VPRS provides training and advice as to how to fill in the form correctly (see also the written Guidelines below), which is very important for victims' expectations to be met with adequate Registry advice.

Victim application forms can be found below alongside said Guidelines. Currently, all relevant documentation is accessible in English and French. Dari and Pashto versions will be made available at a later date.

Victims’ safety and security

Please note that the security of victims is crucial. It is important to take preventive measures such as avoiding mentioning their involvement with the ICC to others/publicly. It is also important to avoid anything that could expose victims and put them or other people at risk, e.g. talking to the media, posting on social media, etc. about their contacts with the ICC.