Today, ICC Prosecutor Karim A.A. Khan KC announced that his Office has filed two applications for arrest warrants before Pre-Trial Chamber II of the International Criminal Court in the Situation in Afghanistan. These filings are based on evidence collected since the resumption of the investigation on October 31, 2022.
The applications target the Supreme Leader of the Taliban, Haibatullah Akhundzada, and the Chief Justice of the “Islamic Emirate of Afghanistan,” Abdul Hakim Haqqani. Khan’s Office has concluded that there are reasonable grounds to believe that these individuals bear criminal responsibility for the crime against humanity of persecution on gender grounds, under article 7(1)(h) of the Rome Statute.
The persecution includes severe deprivations of fundamental rights, such as physical integrity, autonomy, free movement, expression, education, private and family life, and free assembly. The Office also found that the Taliban’s actions included murder, imprisonment, torture, rape, sexual violence, enforced disappearance, and other inhumane acts.
These are the first applications for arrest warrants in the Situation in Afghanistan, with further applications for other senior members of the Taliban expected soon. The evidence includes expert and witness testimonies, official decrees, forensic reports, statements by the suspects, and audio-visual material.
Khan emphasized the importance of accountability for gender-based crimes and the courage of Afghan victims and witnesses who cooperated with the investigation. He called on States Parties to fully cooperate with the Court in enforcing any judicial order.