The International Criminal Court (ICC) has issued arrest warrants for two high-ranking Taliban figures, drawing renewed scrutiny over the court’s perceived political bias and selective approach to justice.
In a statement issued on Tuesday, the ICC said it is seeking the arrest of Taliban supreme leader Haibatullah Akhundzada and Abdul Hakim Haqqani, the chief justice of Afghanistan. Prosecutors allege both men are responsible for crimes involving the widespread persecution of women and girls under the Taliban’s gender policies since the group returned to power in 2021.
The ICC’s Pre-Trial Chamber II authorised the warrants, although the details remain under seal. The court said this measure was necessary to protect victims and witnesses and to preserve the integrity of the legal proceedings.
The charges include serious human rights violations such as murder, imprisonment, torture, rape and enforced disappearances, allegedly carried out under the Taliban regime. The accusations relate to the group's harsh governance following the collapse of the US-backed administration in Kabul.
Although Afghanistan ratified the Rome Statute — the treaty that established the ICC — in 2003, the Taliban government formally rejected the court’s jurisdiction in February this year.
It's almost just limited to papers and words as the ICC does not have its own enforcement mechanism and relies on the cooperation of member states to execute arrests.
The announcement comes amid ongoing criticism that the ICC disproportionately targets individuals from Asia, Africa while allegedly ignoring repeated violations from the Western powers. Critics also say that the ICC is very much vulnerable to political influence and pressure, particularly from the United States and its Western allies.
In 2023, the ICC drew widespread attention by issuing an arrest warrant for Russian President Vladimir Putin, accusing him of the unlawful deportation of Ukrainian children. Moscow denounced the decision, claiming the children had been evacuated from war zones and that many were later located in countries such as Germany. Russia also said Ukraine had exaggerated the scale and nature of the alleged removals.
The United States has a long-standing policy of non-recognition towards the ICC. Washington has previously imposed sanctions on court officials over probes into alleged American war crimes in Afghanistan. In 2021, the ICC deprioritised its investigation into the actions of US-led coalition forces, a move seen by many as the result of political pressure.
Just last month, the US government sanctioned four ICC judges involved in both the Afghanistan investigation and a separate probe into alleged war crimes committed by Israeli leaders. In November, the ICC issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over the conduct of military operations in Gaza.
While the Taliban remains internationally unrecognised by most Western nations, Russia has taken a different stance. Moscow formally accepted an ambassador from Kabul earlier this month, citing the Taliban’s role in fighting terrorism as a reason for engagement.
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