“Justice and accountability are vital to ensuring human rights are upheld for all”
BY ELLA GAUCI, WIKIMEDIA COMMONS
In a landmark moment, the International Criminal Court (ICC) has announced they will be seeking the arrest of two senior Taliban figures for the “unprecedented, unconscionable and ongoing persecution” of LGBTQIA people and women in Afghanistan.
This marked the first time that the prosecutor has built a case around systemic crimes against women and girls. The chief prosecutor stated that Supreme Leader Haibatullah Akhundzada and Chief Justice Abdul Hakim Haqqani were “criminally responsible for persecuting Afghan girls and women”. He also acknowledged the challenges the LGBTQIA community has faced under the Taliban, saying that their decision would “recognise that Afghan women and girls as well as the LGBTQI+ community are facing an unprecedented, unconscionable and ongoing persecution by the Taliban”.
In a statement, the ICC stated that the persecution was committed from at least 2021.
Responding to this decision, Stonewall CEO, Simon Blake said: “In these turbulent times, where we are witnessing the roll back of rights for LGBTQ+ people globally, it is reassuring to see that there can be accountability and that institutions and individuals are standing firm in support of and protection for marginalized groups.”
He continued: “It is inspiring and encouraging to be witnessing a moment when LGBTQ+ rights are being recognised and defended on the global stage.”
Henry Koh, Executive Director of ILGA Asia, also commented on this groundbreaking decision: “Since the Taliban’s return to power, LGBTIQ+ Afghans have faced relentless persecution, including death threats, harassment, arbitrary arrests, sexual violence, and killings.”
“These acts are blatant violations of international human rights law and the principles of dignity and equality enshrined in the Universal Declaration of Human Rights. The global community must uphold its legal obligations by prioritising the protection needs of women, girls and LGBTIQ+ people in humanitarian responses and expanding resettlement programmes to offer safe pathways to those fleeing systemic violence. Justice and accountability are vital to ensuring human rights are upheld for all.”
Since the Taliban came into power in 2021, the rights of women have been continually reduced. Afghanistan is now the only country in the world where women are prevented from accessing secondary or higher education. Homosexuality is illegal in Afghanistan and results in the death penalty.
Following this decision, the ICC’s Pre-Trial Chamber will determine whether these applications for arrest warrants are based on reasonable grounds to believe that the individuals committed the alleged crimes.
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