On Monday at the opening of the twenty-third session of the Assembly of State Parties in The Hague, Prosecutor Khan announced that the Court would seek to issue arrest warrants for figures responsible for crimes against humanity in Afghanistan saying: “In relation to Afghanistan […] we will be announcing applications for arrest warrants in the Afghanistan situation very soon”. After over a decade of painstaking investigation, the International Criminal Court (ICC) appears poised to take a significant step towards accountability for the horrific abuses committed during Afghanistan’s long-running conflict. Over 40 years of international intervention, unstable governance, lacking rule of law infrastructure, democratic decline and fractured civil society; the announcement that he will soon be requesting arrest warrants offers a glimmer of hope for the millions of Afghan victims who have endured unspeakable atrocities with little prospect of justice. Seemingly, the dire situation in Afghanistan , ongoing since 2001, and recently since 2021 has not been a priority for the International Criminal Court.
For far too long, a culture of impunity has reigned supreme in Afghanistan, with perpetrators of war crimes, crimes against humanity, and other grave violations evading meaningful consequences. The prospect of ICC arrest warrants targeting senior Taliban leaders and potentially others sends an important message that the international community is finally taking steps to hold the architects of Afghanistan’s suffering accountable. However, the road to justice remains long and arduous. The ICC’s jurisdiction and capacity are inherently limited, and its process notoriously slow. Even if arrest warrants are issued, actually apprehending and transferring suspects to The Hague will be an immense challenge, particularly with the Taliban firmly in control of Afghanistan. And the ICC’s narrow focus on the most egregious crimes means that countless other victims may still be left without recourse.
Moreover, the ICC is just one piece of a much larger puzzle when it comes to addressing Afghanistan’s legacy of impunity. Decades of conflict have left a tangled web of abuses committed by a wide array of actors – from the Taliban and other insurgent groups, to Afghan security forces, to international military forces during over 40 years of intervention by US and UK forces, and the former Soviet Union. Untangling this web and ensuring comprehensive justice accountability, criminal justice, as well as transitional justice in the format of truth-telling, and memorialisation through transitional justice as well as will require a multi-pronged approach that leverages all available judicial mechanisms, both domestic and international. This must include a reinvigorated effort to establish an independent investigative mechanism under the auspices of the United Nations Human Rights Council, alike those for Myanmar, and elsewhere. Such a body could play a vital role in meticulously documenting evidence, identifying perpetrators at all levels, and building case files to support future prosecutions – a critical gap that the ICC alone cannot fill.
ICC involvement in Afghanistan
The path to this point has been far from straightforward. In 2017, The Prosecutor of the ICC had requested authorisationfrom Pre-Trial Judges to initiate an investigation into alleged war crimes and crimes against humanity in relation to the armed conflict in the Islamic Republic of Afghanistan since 1 May 2003, as well as regarding similar crimes related to the armed conflict in Afghanistan allegedly committed in the territory of other States Parties to the Rome Statute since 1 July 2002. However in 2019, this was rejected. Then again on March 5, 2020, the ICC Appeals Chamber authorised the Prosecutor to commence an investigation into alleged crimes under the Court’s jurisdiction in Afghanistan. This decision was a breakthrough after years of preliminary examination. However, just weeks later, on March 26, 2020, the Afghan government sought a deferral of the investigation, temporarily halting progress. The situation changed dramatically with the Taliban’s return to power in August 2021. On September 27, 2021, the ICC Prosecutor requested authorisation from Pre-Trial Chamber II to resume the investigation in Afghanistan. This request recognised the changed circumstances on the ground and the urgent need for accountability. On 28 November 2024, the Office of the Prosecutor received a referral of the Situation in Afghanistan from Chile, Costa Rica, Spain, France, Luxembourg, and Mexico. Now, with the idea that arrest warrants are imminent issuance of arrest warrants, the ICC has taken concrete action to address crimes committed since 2021, including the systematic erasure of women and girls from public life – a campaign of gender apartheid that has stripped women of their basic rights to education, employment and freedom of movement. The ICC prosecutor has rightly recognised these policies as potentially constituting the crime against humanity of gender-based persecution.
For over 40 years, Afghanistan has suffered through cycles of conflict marked by widespread human rights abuses and violations of international law. From the Soviet invasion to the civil war of the 1990s to the U.S.-led intervention, civilians have borne the brunt of violence perpetrated by all sides. The Taliban’s return to power in 2021 ushered in a new wave of repression, particularly targeting women, girls and ethnic minorities.
The arrest warrants focus on crimes committed since 2021, including the systematic erasure of women and girls from public life – a campaign of gender apartheid that has stripped women of their basic rights to education, employment and freedom of movement. The ICC prosecutor has rightly recognised these policies as potentially constituting the crime against humanity of gender-based persecution.
However, the court’s narrow temporal focus, on crimes since 2003 fails to address the long history of atrocities in Afghanistan, from the soviet invasion of the 80s to the western led intervention and a country constantly plundered for its resources, including the ongoing genocide against the Hazara people. For decades, Hazaras have faced targeted killings, forced displacement, and denial of basic rights due to their ethnicity and Shi’a faith. Recent attacks on Hazara neighbourhoods, schools and places of worship by ISIS and other extremist groups have only intensified this campaign of extermination, yet there has been no mandate for a report into whether the persecution of Hazaras equates to a genocide.
While the ICC’s intervention is welcome, it is not sufficient to address the full scope of crimes committed in Afghanistan. There remains an urgent need for an independent investigative mechanism with a broader mandate to document atrocities, preserve evidence, and lay the groundwork for future prosecutions. Such a mechanism could help break the cycle of impunity that has prevailed for far too long The international community must support accountability efforts through cooperation with the ICC, application of targeted sanctions, and pursuit of cases under universal jurisdiction. Equally important is amplifying the voices of Afghan victims and survivors, whose quest for justice has gone unheeded for decades.
The arrest warrants are an important first step, but much more remains to be done. After 40 years of conflict and impunity, the Afghan people deserve a full accounting of the crimes committed against them and a genuine chance for justice, reconciliation and lasting peace. The international community must not again abandon Afghanistan, but rather redouble efforts to support human rights and the rule of law. Only then can we begin to address the deep wounds inflicted by years of war and oppression.
The obstacles to justice are formidable. Impunity has been entrenched under Taliban rule, with perpetrators of egregious abuses facing no consequences. National accountability mechanisms like the Afghan Independent Human Rights Commission have been dismantled, leaving victims with little recourse. Limited international engagement and ongoing security threats have further hampered efforts to collect evidence and protect witnesses.To overcome these obstacles, the international community must take decisive action on several fronts.
Transitional Justice in Afghanistan: A victim-centred approach
The United Nations Special Rapporteur has put forward the need for an “all-told approach” taking into account transitional justice, truth-telling and victim-centred justice. At its centre rebuilding Afghanistan’s rule of law institutions must be a key focus. Providing technical and financial support to reconstitute the judicial system, train legal professionals, and reestablish human rights bodies like the Ministry of Women’s Affairs would lay the groundwork for domestic accountability. Crucially, these efforts must prioritise the meaningful participation of women, specific groups such as the Hazaras, and marginalised groups whose voices have too often been sidelined.
Simultaneously, the international community should expand the mandates and resources of existing accountability mechanisms. The UN Assistance Mission in Afghanistan (UNAMA) and the UN Special Rapporteur on the situation of human rights in Afghanistan must be empowered to thoroughly investigate abuses and make robust recommendations. The International Criminal Court should be supported in its efforts to probe potential crimes against humanity and war crimes in a place where justice has been denied and impunity languishes. Addressing impunity will also require creative approaches. Targeted sanctions and travel bans on Taliban leaders responsible for human rights violations can send a strong message. Exploring the use of universal jurisdiction to prosecute Taliban members in other national courts could further chip away at the culture of impunity.
Crucially, a victim-centered approach must be at the heart of all these efforts, to claim compensation, to be represented, and to be supported both domestically by victims units. The stories, needs, and demands of survivors must guide the design and implementation of transitional justice mechanisms, from criminal prosecutions to truth-telling initiatives and reparations programs. Protecting and supporting Afghan civil society organisations that amplify these voices should be a top priority. The path to justice in Afghanistan will be long and arduous. But the international community has a moral obligation to stand in solidarity with the country’s victims and work tirelessly to restore accountability. Only then can Afghanistan begin to heal and build a more just, equitable, and peaceful future. Victims of the Taliban’s reign of terror, the violence of armed groups, and the excesses of previous regimes have endured unimaginable trauma. Extrajudicial killings, torture, sexual violence, forced displacement – the litany of abuses is staggering. These victims deserve acknowledgment, redress, and a meaningful role in determining how justice is served.
A victim-centered approach begins by amplifying the voices of survivors, allowing them to share their stories and shape the transitional justice agenda. This means establishing truth-telling platforms, such as public hearings and community dialogues, where victims can recount their experiences without fear of reprisal. It also requires providing victims with access to legal counsel, psychosocial support, and other resources to facilitate their participation. Reparations are another crucial element of a victim-centered approach. Afghanistan must develop comprehensive programs to provide financial compensation, rehabilitation services, and symbolic gestures of recognition to those who have borne the brunt of violence and oppression. These efforts should be guided by the needs and priorities expressed by victims themselves, ensuring that the support offered is meaningful and responsive to their lived realities.
Accountability, too, must be pursued in a manner that centers the interests of victims. This may involve a mix of judicial proceedings, truth commissions, and other mechanisms that balance the demands for justice with the need for societal reconciliation. Crucially, victims should have a voice in determining the appropriate forms of accountability, whether that means criminal prosecutions, restorative justice initiatives, or a combination thereof. Ultimately, the success of Afghanistan’s transitional justice efforts will be measured by the degree to which they empower victims, restore their dignity, and provide a pathway to healing. By elevating the experiences and aspirations of those who have suffered the most, Afghanistan can chart a course towards a more just and equitable future – one that honors the resilience of its people and the inviolable principle of human rights.
An accountability mechanism is vital and needed more than ever, to stem the impunity and start to give justice what they deserve: tangible justice. Ultimately, the path to justice in Afghanistan will be long and arduous. But the prospect of ICC arrest warrants, if realised, could mark an important milestone – a signal that the international community is finally starting to heed the cries of Afghan victims who have waited far too long to see those responsible for their suffering held to account.
