For the first time in history, the International Criminal Court has explicitly mentioned LGBTQ+ victims in arrest warrants issued against Afghani officials. The court has recognised that in Afghanistan, women, girls, and the LGBTQ+ community are facing “unprecedented, unconscionable and ongoing” persecution under Taliban rule.

The situation for women and LGBTQ+ people in Afghanistan has worsened since the Taliban returned to power in 2021. Several reports from local and international organisations have documented cases of targeted abuse, including sexual assault, arrests, and death threats against LGBTQ+ people.

In an announcement made on Thursday, January 23, Prosecutor Karim A. A. Khan KC has requested that the International Criminal Court issue arrest warrants for Taliban officials for their persecution of girls, women and LGBTQ+ people in Afghanistan.

According to the prosecutor, the Supreme Leader of the Taliban and the Chief Justice of the Islamic Emirate of Afghanistan bear criminal responsibility for the crime against humanity of persecution on gender grounds “against Afghan girls and women, as well as persons whom the Taliban perceived as not conforming with their ideological expectations of gender identity or expression, and persons whom the Taliban perceived as allies of girls and women.”

This is the first time that the International Criminal Court has explicitly mentioned LGBTQ+ victims in one of its persecution cases, marking an important step forward in addressing the specific vulnerabilities that LGBTQ+ people face in situations of conflict or humanitarian crisis.

Executive director of Afghanistan LGBTIQ+ Organisation (ALO), Artemis Akbary, welcomed the announcement, saying: “This is a historic moment since it is the first time in history that the ICC has officially recognized the crimes committed against LGBTIQ+ people.

“This application for an arrest warrant sends a strong message that the international community rejects the gender persecution of LGBTIQ+ people,” Akbary continued. “LGBTIQ+ people in Afghanistan need our support and solidarity more than ever, and we must ensure that they have access to justice and accountability.”

Neela Ghoshal, Senior Director of Law, Policy, and Research at Outright International, also commented on the news, saying: “The Taliban’s reign of terror over women and LGBTIQ people has been based on the assumption that gender persecution can persist with impunity.

“The ICC’s recognition of LGBTIQ victims challenges that presumption by recognizing the humanity of our communities,” Ghoshal said. “Once arrest warrants are issued against Taliban officials, member states should support the court’s efforts to swiftly bring them to justice.”

Executive Director at ILGA World Julia Ehrt said: “It is truly groundbreaking for the International Criminal Court to recognise our communities among the victims and survivors of the most heinous crimes and their consequences, and to acknowledge gender identity and gender expression among the drivers of human rights violations.

“These warrants of arrest cast a light on human rights violations that civil society has long documented, and that the world can no longer ignore.”