The Taliban administration has declared that it does not consider itself bound by the provisions of the Rome Statute and does not recognise the legal validity of the former Afghan government’s accession to the International Criminal Court (ICC).
In a statement, the Taliban accused the ICC of acting on political motives rather than principles of justice and fairness. The announcement follows a request by ICC Chief Prosecutor Karim Khan for arrest warrants against Taliban leader Hibatullah Akhundzada and Supreme Court Chief Abdul Hakim Haqqani.
Afghanistan became a member of the ICC in 2003 under the Rome Statute, which established the court as the world’s only permanent tribunal for prosecuting war crimes, crimes against humanity, and genocide.
On Thursday, the Taliban administration issued a statement asserting that while it seeks engagement with all countries based on mutual respect, it does not accept the ICC’s approach.
The Taliban stated: “In many countries, including Afghanistan, millions of innocent people—most of them women, children, and civilians—have suffered atrocities, yet this so-called ‘court’ has remained silent.”
The group also accused the ICC of failing to hold foreign occupiers and their allies accountable for war crimes committed against Afghan civilians. Citing these reasons, the Taliban declared that it does not recognise the Rome Statute and does not consider itself legally bound by the ICC’s jurisdiction.
ICC Chief Prosecutor Karim Khan has requested arrest warrants for Hibatullah Akhundzada and Abdul Hakim Haqqani, accusing them of crimes against humanity, including gender-based persecution and violence.
On 23 January, Khan announced that he had asked ICC judges in The Hague to approve arrest warrants against the two Taliban officials, stating that Afghan women, girls, and LGBTQ+ individuals are facing unprecedented, unimaginable, and ongoing persecution under the Taliban’s rule.
Since seizing power in August 2021, the Taliban has banned women from employment, most public spaces, and education beyond sixth grade.
Last year, Hibatullah Akhundzada issued a decree prohibiting the installation of windows overlooking areas where women sit or stand.
In August 2024, marking three years since the Taliban’s return to power, UNESCO reported that at least 1.4 million Afghan girls have been denied secondary education, putting an entire generation’s future at risk.
The ICC, established in July 2002, aims to end the culture of impunity for serious crimes. Afghanistan joined the court a year after its founding, but the Taliban now claims it does not recognise the former government’s accession to the Rome Statute.
