The court found reasonable grounds to believe that the two men ordered, induced, or solicited a campaign of gender-based persecution, in violation of Article 7(1)(h) of the Rome Statute.
According to the ICC Prosecutor’s statement, this persecution was carried out on gender grounds, targeting girls, women, and persons not conforming to Taliban-imposed standards of gender identity or expression. The court also found that political grounds were involved, with individuals perceived as “allies of girls and women” being similarly targeted.
The arrest warrants are based on applications submitted by the ICC Office of the Prosecutor on 23 January 2025. At the time, the Taliban’s Foreign Ministry condemned the move, calling it “politically motivated” and accusing the court of applying double standards by ignoring alleged crimes committed by foreign forces during the U.S.-led occupation.
The charges reflect a broad pattern of repression enforced after the Taliban returned to power in August 2021. Under the Taliban regime, women have been banned from secondary and university education, barred from most employment, and restricted from appearing in public spaces without a male guardian. The ICC noted that these measures amounted to a deliberate policy to erase women from public life.
“This is an important vindication of the rights of Afghan women and girls,” said the ICC Prosecutor’s Office, led by Deputy Prosecutor Nazhat Shameem Khan, who supervised the Afghanistan investigation since the ICC authorized its resumption in October 2022. The statement also acknowledged LGBTQI+ persons and others targeted for defying Taliban gender ideologies.
The Taliban dismissed the court’s jurisdiction and rejected the allegations. A spokesperson called them “baseless,” accusing the ICC of acting out of hostility toward Islamic law.
The ICC emphasized that its investigation into crimes in Afghanistan is ongoing and includes scrutiny of Taliban and Islamic State–Khorasan Province (ISKP) actions. The court reaffirmed its intent to continue pursuing accountability for gender-based crimes.
The arrest warrants raise questions about the Taliban’s standing, the enforcement of international justice, and the real-world impact on Afghan women.
The ICC warrants come at a time when Russia recognise the Taliban government, by accepting the credentials of its envoy in early July. While no other country has granted full diplomatic recognition, several countries including China, Pakistan, Iran, the UAE, Uzbekistan, and Turkmenistan have allowed Taliban-appointed ambassadors to operate.
While Russia’s recognition offers the Taliban a symbolic diplomatic gain, the ICC action reinforces their global isolation. The legal charges could complicate future attempts by the Taliban to gain wider international legitimacy or formal recognition.
Under the Rome Statute, 125 ICC member states are obligated to arrest individuals named in such warrants if they enter their territory. However, enforcement depends heavily on political will. Similar warrants—such as those issued against Russian President Vladimir Putin—have remained unenforced.
For Afghan women, the decision is historic. This is the first time gender persecution has been the sole charge in ICC arrest warrants. It marks a formal recognition of the scale and intent behind the Taliban’s repression. Still, without enforcement, the day-to-day conditions for women and girls under Taliban rule are unlikely to change in the near term.
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