• New Batch: 7 July , 2025

July 11, 2025

Daily Legal Current : 11 July 2025/PCS J/APO/Judiciary/International Criminal Court (ICC

Why in News? The International Criminal Court (ICC) has issued arrest warrants against two senior Taliban leaders for their crimes against women and LGBTQI+ individuals in Afghanistan.

  • The Taliban leaders are accused of:
    • Persecuting girls and women who defied the Taliban’s strict gender norms.
    • Targeting LGBTQI+ individuals and non-conforming persons.
    • Committing crimes against humanity, including gender-based persecution.

This is a landmark case as it brings gender-based oppression under international legal scrutiny.

About International Criminal Court (ICC):

Established Under:

  • Rome Statute, 1998
  • Came into force on 1 July 2002

Headquarters: The Hague, Netherlands

Jurisdiction:

  • Prosecutes individuals (not states) for serious international crimes, including:
    1. Genocide
    2. Crimes against humanity
    3. War crimes
    4. Crime of aggression (added in 2018)

 Important Sections of the Rome Statute:

Article                                                              Provision
Art. 5 Lists core crimes under ICC jurisdiction (Genocide, Crimes Against Humanity, War Crimes, Aggression)
Art. 7 Defines Crimes Against Humanity, including persecution based on gender
Art. 8 Defines War Crimes
Art. 12 Sets conditions for ICC to exercise jurisdiction
Art. 13-15 Lays down how cases are referred (UNSC, state parties, or prosecutor’s proprio motu action)
Art. 17 Admissibility criteria (complementarity principle)
Art. 27 No immunity for heads of state or officials

Members and Non-Members:

  • Total members: 124 countries
  • Not a member:
    • India, China, USA, Israel, among others
    • India’s concern: Sovereignty, selective justice, and possible misuse

Significance of the ICC Action on Taliban:

  • Sets a global precedent by treating gender-based oppression as a prosecutable international crime.
  • Reinforces international accountability for the Taliban regime.
  • Expands the understanding of gender persecution under Art. 7 of the Rome Statute

 

 

 


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