In a historic move, the International Criminal Court (ICC) has, for the first time, recognized LGBTQ individuals as victims of gender persecution under international criminal law. This landmark decision came as ICC’s chief prosecutor, Karim Khan, requested arrest warrants against key Taliban officials for their targeted persecution of women and LGBTQ people in Afghanistan.
Since the Taliban regained control in August 2021, there has been a dramatic increase in violence against LGBTQ individuals and women. Human Rights Watch and Outright International have documented egregious human rights violations, including physical and sexual assaults, arbitrary detentions, and even public floggings particularly aimed at the LGBTQ community.
In a detailed report titled “A Mountain on My Shoulders: 18 Months of Taliban Persecution of LGBTIQ Afghans,” it was revealed how Taliban forces have intensified their efforts to identify, track, and brutally target LGBTQ individuals. This systematic persecution extends beyond mere discrimination, involving severe acts of violence and public humiliation.
The request for arrest warrants by the ICC targets the Taliban’s Supreme Leader Haibatullah Akhundzada and Chief Justice Abdul Hakim Haqqani. These officials are believed to have orchestrated widespread and systematic attacks against women, girls, and LGBTQ individuals, violating their rights to physical integrity, autonomy, education, and free expression among others.
The prosecution has linked these persecutions to other heinous crimes under the Rome Statute, including murder, torture, rape, and other forms of sexual violence, highlighting the severe impact of Taliban policies on these vulnerable populations. The Taliban’s restrictions have drastically affected girls’ education and women’s employment, particularly in health and education sectors, and their participation in public life.
This development is significant not only for its immediate legal implications but also for its broader socio-political impact. It sends a powerful message that the international community recognizes and rejects gender persecution of LGBTQ individuals. Outright International, in its press release, emphasized that this decision marks a critical step towards addressing the unique vulnerabilities of LGBTQ people in conflict and crisis situations.
The ICC’s actions were met with broad support from international human rights groups. Liz Evenson of Human Rights Watch highlighted the importance of this move in bringing international attention back to the oppression faced by women, girls, and gender nonconforming individuals under the Taliban regime. Furthermore, ILGA World’s Executive Director, Julia Ehrt, noted that this recognition by the ICC acknowledges the severe human rights violations driven by gender identity and expression that cannot be ignored any longer.
The requests for arrest warrants have now been submitted to a pretrial chamber of the ICC, where three judges will decide on their issuance. This decision continues the investigation into Taliban activities in Afghanistan, an investigation that was authorized to resume in October 2022 after being paused due to previous deferrals sought by Afghanistan’s former government.
As the international community watches closely, this momentous decision by the ICC stands as a beacon of hope for justice and accountability, offering a pathway to address the cycles of impunity that have long plagued Afghanistan and terrorized its most vulnerable populations.