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ICC Unseals Arrest Warrants for Four Taliban Leaders Over Alleged Persecution of Women and Girls; Taliban Rejects Court’s Authority

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The International Criminal Court (ICC) has made public arrest warrants issued against four senior Taliban leaders, including Supreme Leader Haibatullah Akhundzada, accusing them of crimes against humanity related to the alleged persecution of women, girls and others in Afghanistan.

In a decision announced on Monday, the ICC unsealed warrants for Taliban Supreme Leader Haibatullah Akhundzada, Chief Justice Abdul Hakim Haqqani, Education Minister Habibullah Agha and Higher Education Minister Neda Mohammad Nadim. The warrants were issued between July and September 2025 but had remained under seal to protect victims, witnesses and the integrity of the proceedings.

According to the ICC, there are reasonable grounds to believe the four men are criminally responsible for ordering, inducing or soliciting persecution on gender and political grounds, which constitutes a crime against humanity under Article 7(1)(h) of the Rome Statute, the court’s founding treaty.

The court said the alleged crimes were committed in Afghanistan from 15 August 2021, when the Taliban returned to power, until at least 20 January 2025.

Allegations of Gender-Based Persecution

According to the ICC, the alleged persecution targeted women, girls and other individuals whose gender identity, gender expression or conduct did not conform to Taliban policies. The court also said people regarded as supporters or “allies of girls and women” were allegedly targeted on political grounds.

The judges found that Taliban policies had resulted in serious violations of fundamental rights and freedoms, including restrictions linked to education, freedom of movement, freedom of expression, privacy, family life, thought, conscience and religion.

The court further stated that the alleged persecution extended beyond direct violence and included systematic and institutionalised discrimination through the enforcement of restrictive social norms and policies.

Judges also noted that the Rome Statute’s understanding of gender encompasses socially constructed roles, expectations and hierarchies associated with sex, reflecting developments in international law.

Taliban Rejects ICC Decision

The Taliban government condemned the ICC’s decision and rejected the court’s authority.

In a statement posted on X, Taliban spokesperson Zabihullah Mujahid said the Islamic Emirate of Afghanistan does not recognise the ICC and attaches no significance to its decisions.

“Afghanistan does not recognise any court called the International Criminal Court,” Mujahid said, adding that Taliban leaders had committed no acts that would justify arrest warrants or criminal prosecution.

He further stated that the Taliban government follows Islamic law and its own judicial system rather than what he described as intelligence-backed institutions and so-called international courts.

The statement also urged international institutions not to exceed their mandate and responsibilities.

Who Are the Four Taliban Leaders?

Haibatullah Akhundzada, who became Taliban leader in 2016, is regarded as the movement’s highest authority. A religious scholar by background, he previously headed judicial institutions during the Taliban’s first period in power and has played a central role in issuing religious rulings and approving policy decisions.

Abdul Hakim Haqqani has served as Chief Justice of Afghanistan’s Supreme Court since October 2021. Considered one of the Taliban’s most influential religious figures, he has long been associated with the movement’s senior leadership and is regarded as a key architect of its legal and religious policies.

Habibullah Agha was appointed Minister of Education in September 2022 after previously serving as head of the Taliban’s Ulema Council in Kandahar. He has been involved with the Taliban movement since the 1990s.

Neda Mohammad Nadim, currently Afghanistan’s Minister of Higher Education, previously served as Governor of Kabul and Police Chief of Nangarhar. He is considered a close associate of Akhundzada and has been sanctioned by the European Union over alleged human-rights violations.

Potential Impact of the Warrants

The ICC does not possess its own enforcement mechanism and relies on member states to execute arrest warrants. The court currently has 124 member states, including the United Kingdom and most European countries, though major powers such as the United States, China, Russia and Israel are not parties to the Rome Statute.

In practical terms, the four Taliban leaders could face arrest if they travel to an ICC member state that chooses to enforce the warrants.

International Reactions

Human-rights organisations welcomed the ICC’s decision.

Amnesty International Senior Director Erika Guevara-Rosas said the court’s decision recognised not only the persecution of women and girls but also individuals targeted because of their gender identity or expression and those perceived as supporting them.

She said the significance of the decision extended beyond Afghanistan, describing gender-based systems of discrimination as mechanisms aimed at controlling women’s lives, bodies, voices and futures.

United Nations Special Rapporteur on Afghanistan Richard Bennett also welcomed the ruling, calling it a “highly significant decision.” He said the court’s analysis of gender-based persecution and its application to Taliban policies represented an important legal development.

The ICC Prosecutor first applied for warrants against senior Taliban leaders in January 2025 and indicated at the time that additional applications against other members of the Taliban leadership could follow.

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