Afghanistan's radical Taliban leaders on Thursday rejected the jurisdiction of the International Criminal Court (ICC) over their country, declaring as ‘unlawful’ the decision in 2003 by their predecessors to join the Hague-based court’s founding treaty.
The decision follows the ICC chief prosecutor’s announcement last month, seeking arrest warrants for the reclusive Taliban supreme leader, Hibatullah Akhundzada, and a close associate, accusing them both of being “criminally responsible for persecuting Afghan girls and women.”
The Taliban militarily regained power in August 2021, succeeding the internationally recognized government in Kabul, which collapsed alongside the withdrawal of U.S.-led NATO troops after nearly two decades in Afghanistan.
The Taliban, now governing as the Islamic Emirate, have imposed their strict interpretation of Islamic law, known as Sharia, placing sweeping restrictions on freedom of speech and women’s access to education and public roles in society.
No country has recognized the Taliban as a legitimate government primarily over their harsh treatment of Afghan women and girls.
“As an entity that upholds the religious and national values of the Afghan people within the framework of Islamic Sharia, the Islamic Emirate of Afghanistan does not recognize any obligation to the Rome Statute or the institution referred to as the ‘International Criminal Court,'” the Taliban stated in an English-language declaration.
It accused the ICC of political bias and failing to take any “substantive measures against the war crimes perpetrated in Afghanistan by occupying forces and their allies.”
“Given that many of the world's major powers are not signatories to this 'court,' it is unwarranted for a nation such as Afghanistan, which has historically endured foreign occupation and colonial subjugation, to be bound by its jurisdiction,” the Taliban asserted.
In October 2001, Western forces led by the U.S. invaded Afghanistan, overthrowing the then-Taliban government for sheltering al-Qaida leaders held responsible for the terrorist attacks in the United States that occurred in September of that year.
In February 2003, the Washington-backed successive government in Kabul formally deposited its instrument of accession to the Rome Statute, which founded the ICC, thereby granting the court jurisdiction over crimes committed within its territory or by Afghan nationals.
“In light of the aforementioned considerations, the Islamic Emirate of Afghanistan formally asserts that it does not recognize any legal obligation under the Rome Statute and deems the previous administration’s accession to this statute to be devoid of legal validity,” said Thursday’s Taliban statement.
Karim Khan, the ICC prosecutor, stated in his January 23 announcement that his decision to seek arrest warrants for Akhundzada and Taliban chief justice, Abdul Hakim Haqqani, was based on a thorough investigation and evidence collected into their alleged crimes against humanity.
The ICC is mandated to rule on the world’s worst offenses, such as war crimes and crimes against humanity. The court has no police force and relies on 125 member states to execute its arrest warrants.
Akhundzada seldom leaves his office in the southern Afghan city of Kandahar and rules the country through religious decrees. He has banned girls’ education beyond the sixth grade and prohibited women from most public as well as private sector employment, among other restrictions on their rights.
In a speech he delivered in Kandahar last week, the Taliban chief again dismissed criticism of his governance, asserting that it was rooted in divine commands. A government spokesperson quoted Akhundzada as stating that "every decree he issues is based on consultation with scholars and derived from the Quran and Hadith [sayings of Islam’s prophet] and represents commands of Allah.”
