Taliban Members Allegedly Assisted ICC In Seeking Arrest Warrant For Mullah Hibatullah

Documents reviewed by Afghanistan International indicate that members of the Taliban have cooperated in the legal proceedings leading to a request for the arrest of Mullah Hibatullah Akhundzada, the group’s supreme leader, and Abdul Hakim Haqqani, its chief justice.

According to sources, Karim Khan, the Chief Prosecutor of the International Criminal Court (ICC), has accused the two Taliban leaders of crimes against humanity, specifically gender-based violence. In gathering evidence to support the arrest warrant request, Khan’s office has engaged with various groups, including women’s rights activists, human rights defenders, Afghan politicians, and Taliban members.

It remains unclear what ranks and positions these Taliban members hold or how they managed to testify or provide evidence against their leader.

ICC Expected to Issue Arrest Warrants

In January 2024, Karim Khan announced that his office had submitted two arrest warrant requests to the ICC’s Pre-Trial Chamber II. The court’s 18 judges are expected to review the case in the coming weeks, with a decision anticipated by the end of this month.

The ICC’s chief prosecutor stated that the evidence collected provides reasonable grounds to hold Akhundzada and Abdul Hakim Haqqani criminally responsible for crimes against humanity and gender-based violence.

According to Khan’s office, the Taliban has committed multiple crimes, including murder, imprisonment, torture, sexual violence, enforced disappearances, and other inhumane acts.

Taliban Responds to ICC Arrest Warrants

The Taliban’s Ministry of Foreign Affairs has dismissed the ICC’s actions as politically motivated. The group argues that the ICC should not impose a specific interpretation of human rights while ignoring religious and national values of different societies.

In response to mounting international pressure, including the ICC prosecutor’s request for an arrest warrant, Taliban leader Hibatullah Akhundzada has reportedly told Taliban members “not to fear Western countries’ threats.”

The ICC has previously issued arrest warrants for leaders of Russia, Israel, and Hamas, marking its continued efforts to prosecute those accused of serious violations of international law.