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The chief prosecutor of the International Criminal Court (ICC) is pursuing arrest warrants for two senior Taliban figures over their role in the “unprecedented, unconscionable and ongoing persecution” of LGBTQ+ individuals and women in Afghanistan.

Karim Khan KC announced on 23 January that the ICC had submitted applications for the arrest of Taliban supreme leader Hibatullah Akhundzada and chief justice Abdul Hakim Haqqani. Both are accused of crimes against humanity for their persecution on gender grounds.

According to the court, the two leaders are criminally responsible for the oppression of Afghan women and girls, as well as for targeting individuals who do not conform to the Taliban’s ideological expectations of gender identity or expression.

Crimes Against Humanity

Khan stated that this persecution has resulted in severe violations of fundamental human rights, including restrictions on physical autonomy, free movement, education, family life, and freedom of expression.

The requests for arrest warrants are supported by a wide range of evidence, including expert analyses, witness testimonies, forensic reports, official Taliban decrees, and statements made by the suspects themselves.

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Historic Recognition of LGBTQ+ Persecution

The LGBTQ+ community is explicitly mentioned in the ICC warrant—an unprecedented move that marks the first time LGBTQ+ individuals have been formally recognised as victims of such crimes by the ICC prosecution.

Since the Taliban’s return to power in August 2021 following the Biden administration’s disastrous withdrawal, which left billions of dollars worth of military equipment in the hands of the Taliban, Afghanistan has been described as a gender apartheid, with women and LGBTQ+ people facing systematic oppression.

Women and girls have been banned from education, barred from public parks, and prevented from leaving their homes without a male guardian. Even activities like reading, singing, or speaking in public have been restricted due to the so-called “temptation” of the female voice.

Meanwhile, LGBTQ+ Afghans face harsh persecution, including the death penalty for homosexuality, honour killings, and criminalisation of cross-dressing.

Global Condemnation and Calls for Action

Hollywood actress Meryl Streep previously highlighted the dire situation, telling the United Nations General Assembly in September that animals have more rights than women in Afghanistan.

“A cat may go sit on her front stoop and feel the sun on her face. She may chase a squirrel into the park. A squirrel has more rights than a girl in Afghanistan today, because the public parks have been closed to women and girls by the Taliban,” Streep said.

ILGA World, a global LGBTQ+ rights organisation, called the ICC’s action “groundbreaking.”

“It is truly groundbreaking for the International Criminal Court to recognise our communities among the victims and survivors of the most heinous crimes,” said ILGA World Executive Director Julia Ehrt.

Henry Koh, Executive Director of ILGA Asia, also condemned the Taliban’s treatment of LGBTQ+ Afghans, calling it “relentless persecution” that includes death threats, harassment, arbitrary arrests, sexual violence, and killings.

He urged the global community to expand resettlement programmes and prioritise protection for women, girls, and LGBTQ+ individuals fleeing Afghanistan.

“Justice and accountability are vital to ensuring human rights are upheld for all,” Koh added.

The ICC’s move is a significant step toward holding the Taliban accountable for its ongoing human rights violations. Whether the arrest warrants will be executed remains uncertain, but the recognition of these crimes on the international stage is a crucial moment in the fight for justice.

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