International Criminal Court Recognises LGBTQI+ Persecution in Landmark Case

In a historic first, the International Criminal Court (ICC) in The Hague has explicitly acknowledged LGBTQI+ individuals as victims of persecution in its warrant applications connected to crimes in Afghanistan.

On 23 January, the ICC Office of the Prosecutor filed two arrest warrant applications for Hibatullah Akhundzada, the Supreme Leader of the Taliban, and Abdul Hakim Haqqani, Chief Justice of the “Islamic Emirate of Afghanistan.”

While the International Court of Justice (ICJ) settles disputes between states, the ICC prosecutes individuals for crimes such as genocide, crimes against humanity, war crimes.

Charges of Gender-Based Persecution

ICC Prosecutor Karim A.A. Khan said his office has reasonable grounds to believe that Akhundzada and Haqqani bear criminal responsibility for crimes against humanity on gender grounds, as defined under Article 7(1)(h) of the Rome Statute.

“These applications recognise that Afghan women and girls as well as the LGBTQI+ community are facing an unprecedented, unconscionable and ongoing persecution by the Taliban,” stated Khan.

The Taliban retook power in Afghanistan in August 2021, following the withdrawal of American troops. The group enforces a strict interpretation of Islamic Sharia law, which includes execution as a penalty for homosexuality.

Women face severe restrictions on movement, education, and employment. They are barred from attending high school, university, or holding senior government positions. Despite being prohibited from seeing male healthcare workers, they are also denied medical training. Punishments are severe and reports indicate a rise in forced marriages involving girls under 18.

Calls for Global Action Against the Taliban’s Crimes

In a statement announcing the arrest warrants, Khan emphasised that the two Afghan leaders are “criminally responsible for persecuting Afghan girls and women, as well as individuals whom the Taliban perceived as not conforming with their ideological expectations of gender identity or expression, and those perceived as allies of girls and women.”

He noted that the persecution has been ongoing across Afghanistan since at least 15 August 2021.

Henry Koh, Executive Director at ILGA Asia, said that under the Taliban’s rule, LGBTIQ+ Afghans “have faced relentless persecution, including death threats, harassment, arbitrary arrests, sexual violence, and killings.”

He urged the global community to uphold its legal obligations by prioritising the protection needs of women, girls, and LGBTQI+ people in humanitarian responses and expanding resettlement programmes to provide safe pathways for those fleeing systemic violence.

A Groundbreaking Moment for LGBTQI+ Justice

Julia Ehrt, Executive Director at ILGA World, highlighted the significance of the ICC acknowledging LGBTQI+ individuals among the victims of international crimes.

“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,” she said.

Ehrt added: “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.”