Application for Arrest Warrants in the Situation of Afghanistan

The Office of the Prosecutor of the International Criminal Court asserts that violently imposing restrictive views on gender and sexuality can be construed as a crime against humanity.

𝗢𝘂𝗿 𝗶𝗻𝗶𝘁𝗶𝗮𝗹 𝘁𝗮𝗸𝗲𝗮𝘄𝗮𝘆𝘀 𝗳𝗿𝗼𝗺 𝘁𝗵𝗲 𝗮𝗽𝗽𝗹𝗶𝗰𝗮𝘁𝗶𝗼𝗻 𝗳𝗼𝗿 𝗮𝗿𝗿𝗲𝘀𝘁 𝘄𝗮𝗿𝗿𝗮𝗻𝘁𝘀:

1️⃣ Powerful acknowledgement of gender persecution as a distinct and prosecutable crime under international law, solidifying it as a crime against humanity.

2️⃣ First acknowledgement of intersectional discrimination in gender persecution, recognising that violence and discrimination operate along overlapping axes of identity.

3️⃣ First inclusion of gender identity, gender expression, and sexuality under the definition of “gender” in an ICC application for an arrest warrant.

𝗪𝗵𝗮𝘁 𝗱𝗼𝗲𝘀 𝘁𝗵𝗶𝘀 𝗺𝗲𝗮𝗻 𝗳𝗼𝗿 𝗶𝗻𝘁𝗲𝗿𝗻𝗮𝘁𝗶𝗼𝗻𝗮𝗹 𝗰𝗿𝗶𝗺𝗶𝗻𝗮𝗹 𝗹𝗮𝘄?

🔸 It provides an opportunity to recognize and address the diverse suffering and experiences of survivors.

🔸 It sets a vital precedent for legal systems worldwide to adopt intersectional approaches to justice.

🔸 It reinforces that violently imposing restrictive views on gender identity, expression, or sexuality could constitute a crime against humanity.

🔸 These developments support the ongoing discussions to recognize gender apartheid as a distinct crime under international criminal law.

This marks 𝗮 𝗺𝗼𝗻𝘂𝗺𝗲𝗻𝘁𝗮𝗹 𝘀𝘁𝗲𝗽 toward accountability for the Taliban’s campaign of gender persecution in Afghanistan.

Stay tuned for our statement. Until then, some in-depth reflections from ⬇️

End Gender Apartheid Campaign(Azadah Raz Mohammad, Metra Mehran, Akila Radhakrishnan): https://lnkd.in/e64J54-m

Gender Persecution in Afghanistan Accountability Working Group (Zahra Mousaway, Wazhma Frogh, David Osborn): https://lnkd.in/exShYm85

Opinio Juris: Landmark ICC Arrest Warrant Application Seeks to Hold the Taliban Accountable for Homophobic and Transphobic Persecution (Artemis Akbary, Kirby Anwar): https://lnkd.in/eXwDfPeu