In a landmark move for global gender justice, systemic persecution of Afghan women under Taliban rule is now formally recognised as a crime against humanity
In a recent measure aimed at achieving the ends of international criminal justice, the International Criminal Court (ICC) has issued arrest warrants against two senior leaders of the Taliban — Haibatullah Akhundzada, Supreme Leader of the Taliban, and Abdul Hakim Haqqani, Chief Justice of the Taliban — for crimes against humanity, including gender-based persecution. This move is being seen not just as a significant step towards accountability for the regime’s brutal actions since its return to power in August 2021, but also as a powerful affirmation of gender justice on the global stage against the crime of gender persecution.
The issuance of warrants has drawn the attention of the world community towards crimes against girls and women ever since the Taliban came to power in Afghanistan in August 2021 that have continued up till the beginning of 2025. The ICC’s public statement stated that “there are reasonable grounds to believe that Mr Haibatullah Akhundzada and Mr Abdul Hakim Haqqani have committed 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”. As per Article 7(1) of the Rome Statute, “crime against humanity” means any of the acts listed in the same article — such as murder, torture, and persecution — when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack. Clause (h) of Article 7(1) includes, in crimes against humanity, persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender, or other grounds that are universally recognised as impermissible under international law.
Further, persecution is defined in Article 7(2)(g) as “the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity”, when such persecution has been committed in connection with another act as mentioned under different clauses of Article 7(1). Regarding the criminal liability for such acts, the Rome Statute provides that a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person: (a) Commits such a crime, whether as an individual, jointly with another, or through another person, regardless of whether that other person is criminally responsible; (b) Orders, solicits, or induces the commission of such a crime which in fact occurs or is attempted; (c) For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission; (d) In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose.
The statement issued by the ICC stated that “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”, and targeted others because of their expressions of sexuality and/or gender identity. The statement also refers to the persecution, on political grounds, of “allies of girls or women”.
The ICC’s action is perhaps the first such development in which provisions against gender-based persecution under the Rome Statute have been invoked in the case of systemic oppression of women and girls in a non-conflict situation. The charges against the Afghan leaders are serious in nature and include imprisonment, enforced disappearance, torture, and persecution — committed as part of a widespread and systematic attack on the female population of Afghanistan. It is alleged that since coming to power, the Taliban has denied even basic human rights to Afghan women and girls.
The Taliban has imposed restrictions on girls from acquiring education at secondary and higher levels, prohibited them from taking jobs, banned their entry into public spaces such as parks and gyms, and created conditions virtually amounting to gender apartheid — all as part of a state policy to vanish women from public life. The ICC’s arrest warrants are a clear acknowledgement that violence against women in Afghanistan is criminal in nature rather than being just cultural or political.
Gender justice requires that crimes that victimise individuals based on their gender identity be recognised, prosecuted, and punished. It is evident that Afghan women have been facing structural violence for long, which, ironically, received almost apathy and ignorance from the international community. However, the recent issuance of arrest warrants indicates that the international legal order treats gender-based persecution as a core concern and not merely a secondary issue, and reaffirms the right to dignity, equality, and justice of Afghan girls and women. Though the ICC’s warrants carry substantial legal importance and send a strong message across, they also face certain practical challenges. As Afghanistan is not a State Party to the Rome Statute (though the charge covers crimes committed during the period when Afghanistan was a member), the enforcement of the arrest warrants will be dependent on international pressure, diplomatic isolation, and Afghanistan’s internal political equations. Although the purpose of warrants will be truly served when the accused either surrender or are arrested, the decision sends a strong message to other regimes and non-state actors that systemic, state-sponsored gender-based oppression will not be tolerated. It sets a precedent that could be used in other contexts — including violent suppression of women protestors in civilian situations or gender-based crimes in conflict zones. It also highlights the growing recognition of gender-based crimes in international criminal jurisprudence.
From the acknowledgement of rape as a weapon of war to the prosecution of forced marriage and sexual slavery in armed conflict, gender is no longer an overlooked dimension in assessing atrocities. The ICC’s arrest warrants against Taliban leaders are a milestone in the global pursuit of gender justice. They represent a refusal to normalise the erasure and subjugation of women and girls and a bold assertion that gender-based crimes are crimes against humanity. While justice may be delayed, it is no longer denied and the voices of Afghan women are finally echoing in the halls of international law.
(The author is an Associate Professor at the Faculty of Law, University of Delhi)