The International Criminal Court (ICC) has taken historic steps by seeking arrest warrants for two prominent leaders of the Taliban—Supreme Leader Haibatullah Akhundzada and Chief Justice Abdul Hakim Haqqani—allegedly responsible for systematic gender-based persecution of women and girls in Afghanistan. Chief Prosecutor Karim Khan announced on January 23, 2025, that his office found reasonable grounds to believe that these leaders bear criminal responsibility for crimes against humanity, aligning with accusations of widespread oppression and violations of fundamental rights of Afghan women and the LGBTQI+ community. This move was welcomed by human rights advocates, providing a glimmer of hope for accountability amidst the ongoing hardships faced by women in Afghanistan.

Khan elaborated that evidence collected since the Taliban's return to power in August 2021 indicates a brutal crackdown on women's rights, where restrictions have included bans on education beyond sixth grade, employment, and public life. The Taliban’s interpretation of Sharia law has led to severe limitations, effectively enforcing what has been termed by the United Nations as "gender apartheid." In a statement, Khan emphasized, “This action signals that the status quo for women and girls in Afghanistan is not acceptable,” highlighting the ongoing and unconscionable violation of rights.

Despite the ICC's thorough investigation, the Taliban government swiftly condemned the prosecutor's requests as politically motivated and devoid of legal basis, disregarding the significant evidence of criminal actions. It claimed that allegations against its leadership arise at a time when the country has ostensibly achieved peace post-conflict. In response to the ICC's actions, the Taliban reiterated its stance on sovereignty and adherence to their interpretation of Islamic law, marking a prevailing disregard for international human rights standards.

This unprecedented request for warrants marks the ICC's recognition and pursuit of accountability for gender-based crimes in Afghanistan—a peculiarity in its historical context, this being among the first instances it is considering the plight of women and girls as a focal point of its investigations. Human Rights Watch and Amnesty International have lauded this initiative as a critical step towards justice and urged the ICC to broaden its scope of investigation, including abuses committed by former Afghan government forces and U.S. troops during their long-standing presence in the region.

As the court moves forward with the application for arrest warrants, it places an increased spotlight on the Taliban’s ongoing policies, which effectively render Afghan women invisible in society. The lack of a definitive timeline for the court’s ruling adds to the uncertainty surrounding these proceedings, leaving many hopeful but cautious about the potential for accountability within Afghanistan's complex socio-political landscape.

The ICC's role remains complicated as it relies heavily on the cooperation of its member states to enforce such arrest warrants, an aspect made challenging by the Taliban's non-recognition internationally and the anticipated limited international mobility of its leaders. Observers assert that should warrants be issued, the actions could significantly erode the Taliban’s already tenuous international legitimacy.

The original reports of the ICC’s endeavours can be referenced via VOA News, Le Monde, AP News, and BBC.