Public Statement Regarding the Request for Arrest Warrants in the Situation of Afghanistan and the Sanctions Imposed on the ICC by the United States

7 February 2025, Statement by 2024/2025 students of the European Master’s Programme in Human Rights and Democratisation (EMA – GC Europe)

We, the undersigned students from various fields with a firm interest in human rights, are united in our commitment to contribute to advancing human rights worldwide. Today, we stand together to address Afghanistan’s urgent need for accountability, particularly for Afghan women, girls and the LGBTQI+ community.

Our Call for Justice in Afghanistan

We commend the International Criminal Court (ICC) Office of the Prosecutor for its decision to investigate international crimes relating to the situation involving the Taliban and to submit applications for arrest warrants on 23 January 2025. These warrants target the Supreme Leader of the Taliban, Hebatullah Akhundzada, and their Chief Justice, Abdul Hakim Haqqani—leaders under whose command the Taliban regime has, since 2021, committed egregious violations of human rights. Their actions encompass crimes against humanity and gender persecution specifically directed at Afghan women and girls, as well as the LGBTQI+ community.

Under the Taliban’s “gender apartheid” regime, grave violations of fundamental rights have become all too common. Afghan women and girls have been systematically denied access to education, employment, self-determination, freedom of movement, assembly and public presence. Furthermore, those who have dared to oppose the regime have been arrested, tortured, murdered, forcibly disappeared, sexually abused and raped.

The ICC’s announcement signifies a remarkable milestone in the global fight against impunity for atrocity crimes. By issuing arrest warrants, the Court reinforces the enduring principle that ‘No one is above the law’ and that perpetrators of international crimes must be held accountable. This decision represents an unprecedented acknowledgement of gender-based persecution as a crime against humanity, marking a pivotal step towards justice for victims and survivors of systemic abuse while protecting marginalised groups. As one of our peers noted, ‘Justice delayed is justice denied.’

Concerns Over US Sanctions on the ICC

We express our deep concern regarding the recent US sanctions targeting the ICC and its personnel. Such sanctions could undermine the Court’s independence and its ability to fulfil its mandate. The implications of these measures extend far beyond political rhetoric; they jeopardise the international legal framework established to hold human rights violators accountable and challenge our shared understanding: ‘Never again.’ We urge the United States to reconsider these policies and to support, rather than hinder, efforts to secure justice for victims of atrocity crimes worldwide. International peace without international justice is fragile.

Recommendations for Action

1. Immediate Authorisation: We urge the ICC Chamber to grant the Prosecutor’s applications for arrest warrants immediately.

2. Cooperation Under the Rome Statute: ICC member states must fully fulfil their obligations under Part 9 of the Rome Statute, collaborating with all aspects of the Court’s mandate, including executing arrest warrants. They must also remain resolute in their support for the ICC in the face of US attacks and sanctions.

3. International Solidarity: The global community has a legal and moral responsibility to uphold international law. States and institutions must collaborate with the ICC to establish complementary mechanisms, such as transitional justice processes, to ensure that the Taliban regime is held accountable for its crimes.

4. Support for Affected Communities: We urge national and international women’s and LGBTQI+ associations and institutions to stand in solidarity with Afghan women, girls, and LGBTQI+ individuals. Their struggle for justice, equality, and non-discrimination is a fight for all of humanity.

5. Protection and Reparations: We urge the international community to collaborate in safeguarding victims and survivors. This involves establishing robust mechanisms for legal assistance, psychosocial support, and material aid for those directly affected by past and ongoing human rights abuses while ensuring that preventive protection measures are implemented for those engaged in the investigation.

6. Leveraging Networks for Advocacy: We encourage universities, human rights organisations, and individual advocates to utilise their networks and resources—both locally and internationally—to promote this statement and support initiatives that further the cause of justice, especially in Afghanistan.

As emerging human rights advocates and global citizens, we strongly believe that holding accountable those responsible for crimes committed in Afghanistan is a collective duty. Upholding international justice is vital, not only for addressing the past but also for preventing future atrocities. Let us come together to ensure that the voices of Afghan women, girls, and marginalised communities are heard and vindicated.

‘Never again.’ ‘Justice delayed is justice denied.’

Together, we call for decisive action to advance justice in Afghanistan and safeguard the future of human rights for all.

If you agree with this statement, please sign using the following link.

All signatures are listed here.