ICC Issues Arrest Warrant for Taliban Leaders in Hopes of Turn Towards Human Rights
The International Criminal Court (ICC) has issued arrest warrants for two senior Taliban officials in Afghanistan: Supreme Leader Haibatullah Akhundzada and Supreme Court Chief Justice Abdul Hakim Haqqani. The warrants are currently waiting for approval by the ICC’s Pre-Trial Chamber, which if approved, could mark a significant step in holding the Taliban regime accountable for their systematic oppression of Afghan women and their human rights by the international community.
ICC prosecutor Karim Khan concluded that the two listed leaders are responsible for the intense persecution of Afghan women and persons who the Taliban perceive as non-conforming to the regime’s strict ideological expectations of gender identity and expression. The time of crimes lasted from at least 15 August 2021 until the present day, across the territory of Afghanistan and impacting millions of individuals, (International Criminal Court). Khan announced the move towards arrest, citing several sources that indicate the violation of Afghan women’s rights, “Mr. Khan said the filings are supported by diverse evidence, including expert testimony, forensic reports and numerous decrees issued by the de facto authorities.” (UN News). Khan went further to emphasize that the Taliban’s interpretation of Sharia law can not be utilized in the justification of laws and policies that directly violate fundamental human rights, such as the barring of Afghan women from social and political spheres of life.
Explaining the International Criminal Court
The International Criminal Court (ICC) is an international court established following World War II (in 1948) to investigate and prosecute individuals accused of committing serious crimes that concern the international community, such as genocide, crimes against humanity, war crimes, and crimes of aggression. The ICC, in comparison to other courts, solely focuses on individuals rather than groups or states, which allows the prosecution to focus on those who bear the greatest responsibility for the alleged crimes. Additionally, the International Criminal Court works to respect the national court’s rights to prosecute based on their own judicial system, and only steps in where states fail to do so themselves.
Although the ICC provides an opportunity for trial against those who commit atrocities around the globe, impacting the global community, the court systems still face obstacles. Firstly, the ICC has no mechanism of its own to enforce international laws or verdicts of the court, which leads the court system to rely heavily on the commitments of member states. This, however, proves challenging as each member state presents a different level of commitment to the court and its applications “Most states have yet to enact comprehensive legislation and much of what has been enacted contains flaws,” (Amnesty International). The court system must approach this challenge in order to achieve the collaboration needed for the court to operate. Additionally, the ICC has presented weakness in holding individuals accountable for their crimes in tangible action. One notable example would be the court’s inability to hold former Sudanese President Omar Al-Bashir accountable for his crimes, which was a long list of war crimes. The well-known fugitive was able to skip around the world without fear of attest, even continuing to go on diplomatic visits to states such as Saudi Arabia, Egypt, and South Africa. Despite the countless testimonies by victims recounting the atrocities committed by the president, the ICC did not move forward with persecution, requiring ‘additional evidence’, which demonstrated the court’s evidence and limitations.
Although the International Criminal Court is presented with challenges that limit the group’s ability to fulfill its goals, it has, still, achieved many accomplishments. There are several cases where the ICC has been able to acquire and persecute charged individuals. In 2022, Ali Muhammad Ali Abd-Al-Rahman’s case was opened in the Trial Chamber, suspected of 31 counts of war crimes and crimes against humanity committed between August 2003 and at least April 2004 in Darfur, Sudan – the judges have since started their deliberations and the judgment is waiting to be delivered. Just recently, on June 26, 2024, Trial Chamber X, by a majority convicted Al Hassan for war crimes and crimes against humanity committed between April 2012 and January 2013 in Timbuktu, northern Mali – Al Hassan is now in ICC custody.
How the Arrest Warrant can Apply Pressure to the Taliban Regime
By issuing arrest warrants, the ICC not only challenges the Taliban regime through international law but also begins the process of pressuring through other outlets. Through the arrest warrants, the court has effectively delegitimize the Taliban’s leadership, which will significantly block the state’s legitimacy and progress within the international community, “An arrest warrant can have longer-term impacts by delegitimizing the Taliban’s current leadership and slowing the regime’s path toward international recognition,” (Ahmadi, Baillie, Worden). The arrest warrant, beyond undermining Taliban legitimacy, could create rigid division within the regime itself. Some members of the authority have expressed openness to reforms and the loosening of strict policy, including girl’s education, “But more pragmatic Taliban who favor girls’ education and seek greater engagement with Western countries that care most about human rights can privately use the indictment as an argument,”(Ahmadi, Baillie, Worden). This rhetoric suggests the implantation of such harsh policy, especially under the applied pressure by the ICC, has created division amongst Taliban officials and the application of an arrest warrant increases calls for change in order to preserve government legitimacy and approval.
With the application of arrest warrants for the Taliban leaders, the international community now faces the challenge of transforming legal action into tangible consequences. There has been a suggested range of practices that could be used to increase pressure on the Taliban Regime, “it could include tying existing diplomatic relations to specific conditions, placing sanctions on Taliban leaders, and working with others in the region to collectively push for women’s rights. At the same time, the world must also support Afghan women and the organizations fighting for their rights,” (Ahmadi, Baillie, Worden).
Implications for Women’s Rights
Since regaining power in 2021, the Taliban has implemented severe restrictions on women’s education, employment, and mobility through public and personal life. Although these actions taken against women by the Taliban have been widely condemned there has been a lack of physical action and pressure applied by the international community. This arrest warrant comes as a first in what many hope is a string of actions taken to unravel the tight policy currently restricting women’s rights. This progress, however hopeful, does present several challenges. As noted, “the Taliban have often responded to criticism by tightening their control, using women as targets to show their defiance. This creates a serious risk of worsening the already difficult situation for women in Afghanistan” (Ahmadi, Baillie, Worden).
Although the ICC’s application of such warrants could face several challenges, the focus on gender persecution is significant. If prosecuted, the crimes of Haibatullah and Haqqani could set a precedent for addressing gender-based crimes under international law, “potential prosecutions of Haibatullah and Haqqani would allow the court to not only consider whether and how gender persecution has been committed against Afghan women as a result of Taliban conduct but may also develop important precedent around the crime of persecution on the basis of gender. Additionally, the ICC, as they continue to move forward through this process, serves as a platform of hope and voice within the international community, “The announcement by the ICC Prosecutor is an important development that gives hope, inside and outside the country to Afghan women, girls, as well as those persecuted on the basis of gender identity or expression, such as members of the LGBTQI community,” (Amnesty International). This move by the ICC could not only be used to improve the rights of women in Afghanistan but also to prevent other cases of gender-based crimes in the international community.
The Steps Ahead
While the International Criminal Courts issue arrest warrants for leaders of the Taliban Regime indicate an important step toward accountability, the enforcement and application of these warrants remain uncertain. While the Taliban remains in control of Afghanistan it is unlikely that Akhundzada and Haqqani will be surrendered voluntarily to face trial for their crimes. However, the warrants could increase pressure on Taliban leaders, especially paired with increased international efforts to challenge their harmful practices. As this situation continues to progress the dedication of the international community will remain vital, “Member countries must stand united in their full support for the Court and its independent mandate to hold perpetrators of atrocity crimes accountable,” (OHCR). As the Pre-Trial continues to deliberate these warrants, the international community will watch closely to see if this legal move will lead to meaningful and tangible justice for Afghan women.
Written by Ava Buonanno
