Prosecutor Karim Khan says there are cheap grounds to consider crimes in opposition to humanity are being dedicated in opposition to ladies and women in Afghanistan.
The highest prosecutor on the Worldwide Legal Court docket (ICC) has utilized for arrest warrants for 2 Taliban leaders in Afghanistan together with supreme non secular chief Haibatullah Akhundzada, accusing them of the persecution of girls and women.
A press release issued by the workplace of ICC Chief Prosecutor Karim Khan on Thursday mentioned investigators discovered cheap grounds to consider that Akhundzada and Abdul Hakim Haqqani, who has served as chief justice since 2021, “bear felony accountability for the crime in opposition to humanity of persecution on gender grounds”.
They’re “criminally accountable for persecuting Afghan women and girls … and individuals whom the Taliban perceived as allies of women and girls”, the assertion mentioned.
There was no speedy remark by Taliban leaders on the prosecutor’s assertion.
Because the Taliban’s return to energy in 2021, it has clamped down on ladies’s rights, together with limits to education, work and normal independence in each day life.
A 3-judge panel on the ICC will now be anticipated to rule on the prosecution request, which has no set deadline. Such procedures take a median of three months.
That is the primary time ICC prosecutors have publicly sought warrants of their investigation into potential warfare crimes in Afghanistan, which dates again to 2007 and as soon as included alleged crimes by the US army there.
Khan mentioned that his workplace was demonstrating its dedication to pursuing accountability for gender-based crimes and that the Taliban’s interpretation of Islamic sharia regulation couldn’t be a justification for human rights abuses or crimes.
“Afghan ladies and women in addition to the LGBTQI+ group are going through an unprecedented, unconscionable and ongoing persecution by the Taliban. Our motion indicators that the established order for ladies and women in Afghanistan shouldn’t be acceptable,” the prosecutor mentioned.
Zalmai Nishat, founding father of the United Kingdom-based charity Mosaic Afghanistan, mentioned that if ICC warrants had been issued, it could have little influence on Akhundzada, who hardly ever travels exterior Afghanistan.
“However when it comes to worldwide status of the Taliban, this principally means an entire erosion of their worldwide legitimacy, if that they had any,” he mentioned.
‘Existential disaster on the ICC?’
Khan’s transfer got here amid a disaster on the court docket, which opened in The Hague in 2002 to prosecute people accused of warfare crimes, crimes in opposition to humanity, genocide and aggression.
The administration of US President Donald Trump is preparing new sanctions in opposition to the court docket after it issued an arrest warrant for Israeli Prime Minister Benjamin Netanyahu for alleged warfare crimes in Gaza.
Moscow additionally struck again on the ICC for its 2023 warrant in opposition to Russian President Vladimir Putin for alleged warfare crimes in Ukraine by issuing a warrant of its personal for Khan.
Regardless of the current string of high-profile arrest warrants, courtrooms in The Hague are nearly empty and Khan is beneath investigation for alleged sexual misconduct within the office, which he denies.
The ICC additionally has no police pressure and depends on its 125 member states to make arrests.
However some European member states have expressed doubts about detaining Netanyahu. Individually this week, Italy arrested an ICC suspect however failed at hand him over to the court docket.