Fijian Deputy Prosecutor of the International Criminal Court, Nazhat Shameem has played a key role in a major milestone for justice in Afghanistan, as the ICC’s Pre-Trial Chamber II has issued arrest warrants for two top Taliban leaders for crimes against humanity, including gender persecution.
ICC’s Office of the Prosecutor says under Shameem’s supervision, the ICC's Afghanistan Unified Team has been investigating alleged crimes committed by the Taliban against Afghan civilians, following the Chamber’s 2022 decision to re-authorise the investigation.
They say based on evidence presented by the Office, the judges found that there are reasonable grounds to believe that they have committed – by ordering, inducing or soliciting – the crime against humanity of persecution, under article 7(1)(h) of the Rome Statute, on gender grounds, against girls, women and other persons non-conforming with the Taliban’s policy on gender, gender identity or expression; and on political grounds against persons perceived as “allies of girls and women”.
Under the supervision of Shameem, since the 31 October 2022 decision of the Pre-Trial Chamber to re-authorise the resumption of the Office’s investigation, the Afghanistan Unified Team has been investigating alleged crimes committed against Afghan civilians by the Taliban.
The Office says the issuance of the first arrest warrants is an important vindication and acknowledgement of the rights of Afghan women and girls.
They say it also recognises the rights and lived experiences of persons whom the Taliban perceived as not conforming with their ideological expectations of gender identity or expression, such as members of the LGBTQI+ community, and persons whom the Taliban perceived as allies of girls and women.
Shameem’s Office says through the Taliban’s deprivation of fundamental rights to education, privacy and family life, among others, Afghan women and girls were increasingly erased from public life and the decision of the judges of the ICC affirms that their rights are valuable, and that their plight and voices matter.
Following the issuance of these arrest warrants, the Office also reaffirms its commitment to continue to effectively investigate and prosecute gender-based crimes, including gender persecution.
They say the charge of gender persecution recognises the discriminatory intent that underlies gender-based crimes, and aims to seek accountability for such atrocities.
The ICC has acknowledged the contributions of Afghan victims and witnesses, civil society groups, and international partners, and confirmed that investigation in the Situation in Afghanistan continues, focusing on alleged crimes by individual members of the Taliban and the Islamic State – Khorasan Province.
