Credit: Greger Ravik (CC BY 2.0)

Judges yesterday said there were reasonable grounds to suspect both men have committed the crime against humanity of persecution on gender grounds against girls, women and others who do not conform with Taliban gender policies, and persecution on political grounds against those seen as allies of girls and women.

Taliban policies have resulted in severe violations of fundamental rights and freedoms of the civilian population of Afghanistan, including murder, imprisonment, torture, rape and enforced disappearance, the court said in a statement.

While the Taliban have imposed certain rules and prohibitions on the population as a whole, they have specifically targeted girls and women by reason of their gender, depriving them of fundamental rights and freedoms.

Specifically, 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.

In addition, others — including LGBT+ people — have been targeted because certain expressions of sexuality and/or gender identity were regarded as inconsistent with the Taliban’s policy on gender. 

Judges found that individuals perceived as opposing these policies, even passively or through omission, were also targeted by the Taliban. This included those described as “allies of girls and women”, who were viewed as political opponents.

While the court has disclosed the existence of the warrants, they will remain under seal at this point in order to protect victims and witnesses and safeguard the proceedings.

In a statement, the office of the ICC prosecutor said: “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. 

“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. The decision of the judges of the ICC affirms that their rights are valuable, and that their plight and voices matter.”

It added: “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 OTP remains deeply grateful to Afghan victims and witnesses, Afghan and international civil society, and all partners whose invaluable cooperation enabled this development.”