Afghan women and the ICC: A test of international justice

In January 2025, the ICC Prosecutor made history by formally requesting arrest warrants against senior Taliban officials — marking the first time gender persecution could be pursued as a crime against humanity in the context of Afghanistan.

The ICC Prosecutor requested arrest warrants against Taliban officials–marking a watershed moment in international law and a long-overdue acknowledgment of the Taliban’s systematic war on Afghan women, widely described by human rights experts as a form of ‘gender apartheid’.

If enforcement does not follow, this announcement risks becoming yet another symbolic gesture, an empty promise that does nothing to alter the brutal reality for Afghan women and girls. The question now is: Will the ICC follow through and deliver justice, or will this be yet another instance where international law fails those who need it most?

The crime: Gender persecution as a weapon of oppression

Since the Taliban’s return to power in 2021, Afghan women have been systematically erased from public life. They have been banned from schools and universities, barred from most employment and subjected to strict mobility restrictions without a male guardian. Women’s rights activists have been arbitrarily detained, tortured and disappeared. These policies are not just violations of human rights–they amount to gender persecution under Article 7(1)(h) of the Rome Statute. Increasingly, they are also being recognised as gender apartheid: a system of governance designed to permanently exclude women from public and private life based solely on their sex. The ICC’s recent ruling affirms what Afghan women have been shouting for years: the Taliban’s actions are not just regressive policies, but crimes against humanity. This decision, however, is only meaningful if it leads to accountability.

The consequences of inaction: A dangerous precedent

The ICC Prosecutor’s request for arrest warrants marks a critical turning point in the global response to gender persecution. But if no action follows, the world risks setting a dangerous precedent. If the Taliban can systematically erase women from society without consequences, what message does that send to other authoritarian regimes? The international community cannot afford to treat this case as an academic exercise in legal theory–it must be a call to action.

The stakes could not be higher. If the ICC’s efforts stall without enforcement, it will embolden perpetrators of gender-based crimes across the globe. It will signal to extremists, dictators and human rights violators that they can target women with impunity. This is a test of whether international law is more than just words on paper.

Enforcement must follow: The path to real justice

The ICC has no police force of its own, making enforcement one of its greatest challenges. The international community must take concrete steps to bring Taliban leaders to justice. One approach is diplomatic and economic sanctions. Nations must impose targeted sanctions on Taliban leaders responsible for gender persecution, cutting off their access to international financial systems and isolating them diplomatically.

Another mechanism is universal jurisdiction cases, which allows national courts to prosecute individuals for serious international crimes, regardless of where they were committed. Countries with such laws should initiate legal proceedings against Taliban officials implicated in gender persecution, ensuring that they can be arrested if they travel abroad.

Pressure on regional actors is also essential. Neighbouring countries like Pakistan, which have engaged with the Taliban, must be pressured to deny them safe haven and facilitate justice efforts.

Lastly, victim testimonies and evidence collection must remain a priority. Human rights organisations must work alongside ICC prosecutors to ensure that Afghan women’s voices are heard and that evidence is preserved for future trials.

An Afghan perspective: The ICC’s ruling is personal

As an Afghan-born international lawyer, I have spent years advocating for Taliban accountability. I have spoken with Afghan women who have been imprisoned in their homes, stripped of their futures and silenced. This moment is not theoretical for them–it is a rare glimmer of hope in an otherwise dark reality.

But hope without action is meaningless. The ICC has taken a historic first step by publicly requesting arrest warrants for Taliban leaders accused of gender persecution. Now, it must take the next step: ensuring these requests lead to real accountability. The world is watching. Will the ICC make history–or will it repeat it?

The fight for Afghan women is the fight for the integrity of international justice itself. The ICC has a chance to prove that justice is not just an aspiration but a reality that can be enforced. Let it not fail now.