Taliban Lacks Authority To Reject ICC Jurisdiction, Says Afghan Envoy

Nasir Ahmad Andisha, Afghanistan’s representative to the UN Human Rights Council in Geneva, has dismissed the Taliban’s announcement regarding their withdrawal from the Rome Statute, stating that the group lacks the legal authority to make such a decision.

He asserted that the Taliban demonstrates its diplomatic incompetence with every international statement.

On Friday, Andisha wrote on X that the Taliban’s declaration rejecting the jurisdiction of the International Criminal Court (ICC) and the Rome Statute is merely symbolic, as the group is not internationally recognised.

He explained that under Article 127 of the Rome Statute, states may withdraw from the treaty, but the process requires a formal written notification to the UN Secretary-General, followed by a one-year waiting period before the withdrawal takes effect.

Andisha emphasised that withdrawing from the treaty does not nullify the ICC’s jurisdiction over crimes committed prior to the withdrawal. He added that Afghanistan remains a signatory to the Rome Statute, meaning the ICC retains the authority to investigate crimes committed in the country since 2003, including those attributed to Taliban leaders.

According to Andisha, this latest move further highlights the Taliban’s diplomatic incompetence. He noted that since taking power in 2021, the Taliban has sought international legitimacy, but no country has formally recognised their government. He added that their recent takeover of diplomatic missions in some countries is more a result of temporary, pragmatic considerations rather than broad international acceptance.

Andisha argued that the Taliban’s rejection of ICC jurisdiction reflects their isolationist approach. He pointed out that their history of repression, violations of women’s rights, and internal security crises has already weakened their diplomatic standing. Rejecting the ICC’s jurisdiction, he said, only worsens the situation, demonstrating that the Taliban prioritises ideology over strategic engagement.

The Afghan envoy stressed that this issue goes beyond the ICC, illustrating a broader diplomatic challenge for the Taliban. He noted that while the group seeks the privileges of a formal government—such as control over embassies and participation in international discussions—it refuses to accept the responsibilities of a state, including adherence to international treaties.