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ICC prosecutor requests arrest warrants for two Taliban leaders in Afghanistan.

Leaders are accused of discrimination against women and girls.

International Criminal Court (ICC) (Photo: Reuters)

(Reuters) – The prosecutor of the International Criminal Court (ICC) announced on Thursday that he has requested arrest warrants for two Taliban leaders in Afghanistan, including supreme spiritual leader Haibatullah Akhundzada, accusing them of persecuting women and girls.

In a statement, the office of Chief Prosecutor Karim Khan stated that investigations point to "reasonable grounds" to believe that Akhundzada and Abdul Hakim Haqqani, head of Justice since 2021, "are criminally responsible for the crime against humanity of persecution based on gender."

According to the indictment, they are responsible for persecuting Afghan girls and women, as well as people seen by the Taliban as allies of these populations. The persecution has been occurring throughout Afghanistan since at least August 15, 2021, when the Taliban seized Kabul, and continues to the present day.

Since the Islamist group returned to power in 2021, women's rights have been severely restricted, including limitations on education, employment, and everyday independence.

Taliban leaders have yet to comment on the prosecutor's statements, which were well received by women's rights groups. Now, a panel of three ICC judges will decide on the request, a process that could take about three months.

This is the first public request for warrants as part of the ICC's investigation into possible war crimes in Afghanistan, which began in 2007 and previously included alleged crimes committed by US military forces in the country.

PERSECUTION AGAINST GIRLS - Karim Khan highlighted his office's commitment to holding people accountable for gender-based crimes and stated that the Taliban's interpretation of Islamic Sharia law cannot justify human rights abuses.

"Afghan women and girls, as well as the LGBTQI+ community, face unprecedented, inconceivable, and ongoing persecution by the Taliban. Our action demonstrates that the status quo regarding women and girls in Afghanistan is unacceptable," the prosecutor stated.

Zalmai Nishat, founder of the British institution Mosaic Afghanistan, stated that if the ICC warrants are issued, the impact on Akhundzada, who rarely leaves Afghanistan, may be limited. "But in terms of the Taliban's international reputation, this basically means a complete erosion of their international legitimacy, if they ever had any," he said.

CRISIS IN THE COURT - Khan's action comes amid an existential crisis at the ICC, established in The Hague in 2002 to try individuals accused of war crimes, crimes against humanity, genocide, and aggression.

The administration of former US President Donald Trump even prepared economic sanctions against the ICC after it issued an arrest warrant for Israeli Prime Minister Benjamin Netanyahu for alleged crimes in Gaza.

In 2023, Moscow responded to the ICC warrant against Russian President Vladimir Putin by issuing a warrant against prosecutor Karim Khan himself.

Although the court has recently issued a series of high-profile warrants, its hearing rooms in The Hague remain virtually empty, and the chief prosecutor faces an investigation for alleged sexual misconduct, which he denies.

The ICC does not have its own police force and relies on its 125 member states to carry out arrests. However, several European countries have expressed doubts about Netanyahu's detention, and this week Italy arrested an ICC suspect but did not hand him over to the court.

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