ICC Splits Taliban Gender Persecution Case From Afghanistan War Crimes Investigation
Judges at the International Criminal Court (ICC) have directed prosecutors to consider opening a separate investigation into alleged gender persecution by the Taliban, separating it from the court’s broader Afghanistan war crimes probe.
The decision by a three-judge pre-trial chamber came in mid-July. The original investigation, authorised in 2020, covers alleged crimes committed since 2003 by the Taliban, Islamic State-Khorasan, Afghan forces, US troops and CIA personnel.
The judges said allegations concerning Taliban policies after the group returned to power in 2021 are materially different from crimes linked to the earlier armed conflict. The proposed standalone case would focus on discriminatory laws, restrictions and policies imposed after the Taliban assumed de facto governmental authority.
The move comes amid growing tensions between Washington and the ICC. The Trump administration has imposed sanctions on ICC officials and threatened to dismantle the court over its investigations involving Afghanistan and Palestine.
The ICC previously issued arrest warrants for Taliban Supreme Leader Hibatullah Akhundzada and Chief Justice Abdul Hakim Haqqani over alleged crimes against humanity involving gender persecution.
The judges also noted that the original Afghanistan investigation has been largely dormant for years and pointed prosecutors to a new procedure that could allow its formal closure. The prosecutor’s office has not yet decided whether to open the separate Taliban investigation or close the original probe.
