According to the ICC, Akhundzada, the Taliban's Supreme leader, and Haqqani, the Chief of Justice, are charged with persecution 'on the gender grounds', a grave offence under the Rome Statute.
This crackdown stems from widespread reports of severe restrictions and abuses targeted at women and girls since the Taliban's return to power in 2021.
"Pre-Trial Chamber II considered that the Taliban have implemented a governmental policy that resulted in severe violations of fundamental rights and freedoms of the civilian population of Afghanistan, in connection with conducts of murder, imprisonment, torture, rape and enforced disappearance," ICC said in a statement released on Tiesday, July 8.
According to the ICC, while the Taliban have imposed certain rules and prohibitions on the population as a whole, they have specifically targeted girls and women by reason of their gender, depriving them of fundamental rights and freedoms.
"Specifically, the Taliban severely deprived, through decrees and edicts, girls and women of the rights to education, privacy and family life and the freedoms of movement, expression, thought, conscience and religion."
In addition, other persons were targeted because certain expressions of sexuality and/or gender identity were regarded as inconsistent with the Taliban's policy on gender.
Furthermore, the Chamber found that individuals perceived as opposing these policies, even passively or through omission, were also targeted by the Taliban. This included those described as 'allies of girls and women', who were viewed as political opponents.
"The Chamber has decided that the warrants will remain under seal at this stage, in order to protect victims and witnesses and safeguard the proceedings," the statement added.
"Nevertheless, the Chamber considered that the conduct addressed is ongoing and that public awareness of the warrants may contribute to the prevention of the further commission of these crimes. Accordingly, the Chamber found that it is in the interests of justice to publicly disclose the existence of these warrants."
The Taliban dismissed the ICC's warrants as 'baseless rhetoric,' with spokesperson Zabihullah Mujahid defending the leadership by claiming they uphold justice based on 'the sacred laws of Islamic Sharia.' The clash between the ICC's global mandate and the Taliban's defiant stance makes this a developing story to watch.
While ICC's recent actions send a powerful message, the true challenge lies in their enforcement. Although Afghanistan was a member of the ICC under the previous government, the Taliban, now firmly in control, has rejected this status. This means the prospects of any arrests happening soon are slim.
Despite this hurdle, human rights groups worldwide, including Amnesty International, have praised the ICC's move as a crucial beacon of hope for Afghan women and girls facing severe oppression.
In a statement, Amnesty International's Secretary General Agnès Callamard highlighted the importance of this decision, saying it 'gives hope to Afghan women, girls, and all those persecuted on the basis of gender identity or expression.'
Rania Umutoni
