Emmanuel Thomas I Tuesday, July 08, 20225
THE HAGUE, Netherlands – The International Criminal Court, ICC has issued an arrest warrants against the Supreme Leader of the Taliban, Haibatullah AKHUNDZADA, and the Chief Justice of the “Islamic Emirate of Afghanistan”, Abdul Hakim HAQQANI.
In a statement, Office of the Prosecutor (OTP) of the ICC hailed the announcement today by Pre-Trial Chamber II with respect to the issuance of the two warrants of arrest on the Situation in Afghanistan.
The ICC said the warrants were issued against the Supreme Leader of the Taliban, Haibatullah AKHUNDZADA, and the Chief Justice of the “Islamic Emirate of Afghanistan”, Abdul Hakim HAQQANI based on evidence presented by the Office, the judges.
According to the OTP, the judges found that there are reasonable grounds to believe that the two individual in question have committed crimes by by ordering, inducing or soliciting – the crime against humanity of persecution, under article 7(1)(h) of the Rome Statute, on gender grounds, against girls, women and other persons non-conforming with the Taliban’s policy on gender, gender identity or expression; and on political grounds against persons perceived as “allies of girls and women”.
The OTP noted that under the supervision of Deputy Prosecutor Nazhat Shameem Khan, since the 31 October 2022, the Pre-Trial Chamber re-authorise the resumption of the Office’s investigation, and that the Afghanistan Unified Team has been investigating alleged crimes committed against Afghan civilians by the Taliban.
The office noted that the issuance of the first arrest warrants in the Situation in Afghanistan is an important vindication and acknowledgement of the rights of Afghan women and girls.
“It also recognises the rights and lived experiences of persons whom the Taliban perceived as not conforming with their ideological expectations of gender identity or expression, such as members of the LGBTQI+ community, and persons whom the Taliban perceived as allies of girls and women”.
It noted that through the Taliban’s deprivation of fundamental rights to education, privacy and family life, among others, Afghan women and girls were increasingly erased from public life.
He said the decision of the judges of the ICC affirms that their rights are valuable, and that their plight and voices matter.
Following the issuance of these arrest warrants, the Office also reaffirms its commitment to continue to effectively investigate and prosecute gender-based crimes, including gender persecution.
The charge of gender persecution recognises the discriminatory intent that underlies gender-based crimes, and aims to seek accountability for such atrocities.
The ICC said the OTP remains deeply grateful to Afghan victims and witnesses, Afghan and international civil society, and all partners whose invaluable cooperation enabled this development.
The ICC said the Office will work closely with the Registry as well as with States Parties and non-States Parties in seeking to enforce the arrest warrants.
The statement noted that the investigation in the Situation in Afghanistan continues, focusing on alleged crimes by individual members of the Taliban and the Islamic State – Khorasan Province.
The Office of the Prosecutor of the ICC conducts independent and impartial preliminary examinations, investigations and prosecutions of the crime of genocide, crimes against humanity, war crimes and the crime of aggression.
