Key facts
- Two secret arrest warrants were issued by ICC judges in September 2025 for senior Taliban members.
- The charges include the crime against humanity of persecution on gender and political grounds.
- These secret warrants contain new evidence and alleged victims not included in previous public applications.
- The Taliban warrants are historic for recognising LGBTQ+ victims and for the rare charge of gender persecution.
- The US has imposed sanctions on ICC officials in connection with Afghanistan and Palestine investigations.
Judges at the International Criminal Court (ICC) issued two secret arrest warrants last year for senior members of the Taliban, accusing them of the crime against humanity of persecution on gender and political grounds. These warrants, issued confidentially in September 2025, contain new evidence and alleged victims not covered by two public arrest warrants issued earlier for the Taliban's supreme leader, Hibatullah Akhundzada, and chief justice, Abdul Hakim Haqqani.
The ICC is charging four Taliban members for alleged crimes committed between August 2021 and January 2025, when the group was the de facto government authority in Afghanistan. The inclusion of LGBTQ+ victims and the charge of gender persecution set a historic precedent under international law, though no conviction has ever been secured on this charge at the ICC.
The applications for these warrants were prepared shortly after the inauguration of US President Donald Trump and under the leadership of former prosecutor Karim Khan. The decision to keep two of the warrants secret was reportedly due to anticipated opposition from the US and the threat of sanctions against ICC officials. Indeed, the US has since imposed financial and visa sanctions on ICC officials, including Karim Khan, in connection with investigations in Afghanistan and Palestine.
The Afghanistan investigation at the ICC has a complex history, dating back to 2017. It was authorised in March 2020 after an appeals chamber overturned a previous rejection. The probe was suspended and later resumed, with six states in November 2024 referring allegations of crimes against women and girls. In January 2025, arrest warrants were sought, arguing these allegations fell within the existing investigation's scope. Recently, ICC judges have requested the prosecutor's office to open a separate investigation specifically into gender persecution allegations against the Taliban, potentially signalling a move to ease tensions with Washington.