International Criminal Court recognises LGBTQI+ persecution in Afghanistan
Summary:
The Hague / Geneva / Bangkok, 24 January 2025 – The International Criminal Court (ICC) has recognised that in Afghanistan women, girls, and the LGBTQI+ community are facing an “unprecedented, unconscionable and ongoing” persecution by the Taliban.
This marks the first time that LGBTQI+ people are explicitly mentioned in a warrant of arrest by the ICC prosecution, and it coincides with the first applications for arrest warrants in the situation in Afghanistan.
According to the prosecutor, the Supreme Leader of the Taliban and the Chief Justice of the Islamic Emirate of Afghanistan bear criminal responsibility for the crime against humanity of persecution on genderrefers to a social construct which places cultural and social expectations on individuals based on their assigned sex. More grounds “against Afghan girls and women, as well as persons whom the Taliban perceived as not conforming with their ideological expectations of gender identityrefers to a person’s deeply felt internal and individual experience of gender, which may or may not correspond with the sex assigned at birth. More or expression, and persons whom the Taliban perceived as allies of girls and women.”
It is truly groundbreaking for the International Criminal Court to recognise our communities among the victims and survivors of the most heinous crimes and their consequences, and to acknowledge gender identity and gender expressionrefers to how a person presents their gender through physical appearance – including dress, hairstyles, accessories, cosmetics – and mannerisms, speech, behavioural patterns, names and personal references. More among the drivers of human rights violations. These warrants of arrest cast a light on human rights violations that civil society has long documented, and that the world can no longer ignore.”
Julia Ehrt, Executive Director at ILGA World
Since 2021, ILGA Asia – the Asian region of ILGA World – and Stonewall have provided LGBTIQ people from Afghanistan with emergency humanitarian aid. They also developed Safar, a case management tool and framework to inform people about their rights and options for resettlement or in-country support.
Since the Taliban’s return to power, LGBTIQ+ Afghans have faced relentless persecution, including death threats, harassment, arbitrary arrests, sexual violence, and killings. These acts are blatant violations of international human rights lawa legal system laying down obligations which States are bound to respect. By becoming parties to international treaties, States assume obligations and duties under international law to respect, protect and fulfil human rights – including by putting into place domestic measures and legislation. Where domestic legal proceedings fail to address human rights abuses, mechanisms and procedures for individual complaints or communications are available at the regional and international levels to help ensure that international human rights standards are respected. More and the principles of dignity and equality enshrined in the Universal Declaration of Human Rights. The global community must uphold its legal obligations by prioritising the protection needs of women, girls and LGBTIQ+ people in humanitarian responses and expanding resettlement programmes to offer safe pathways to those fleeing systemic violence. Justice and accountability are vital to ensuring human rights are upheld for all.
Henry Koh, Executive Director at ILGA Asia
In the next few months, the Committee on the Elimination of Discriminationunequal or unfair treatment which can be based on a range of grounds - such as age, ethnic background, disability, and diverse sexual orientations, gender identities and expressions or sex characteristics, amongst others. More against Women (CEDAW) will review the situation of women and girls’ rights in Afghanistan. Civil society will have an opportunity to ensure that the situation of lesbianadjective/noun to describe a woman whose enduring physical, romantic, and/or emotional attraction is to other women. Women and non-binary people may use this term to describe themselves. More, bisexualadjective used to describe a person who has the capacity to form enduring physical, romantic, and/ or emotional attractions to those of the same gender or to those of other genders. More, transadjective/umbrella term to describe a person whose gender identity does not match the sex they were assigned at birth. More, and intersexan umbrella term for the spectrum of variations of sex characteristics that naturally occur within the human species. Intersex people are born with variations of sex characteristics (such as genitals, reproductive organs, hormonal and chromosomal patterns) that are more diverse than stereotypical definitions of male or female bodies. Up to 1.7% of the global population are born with such traits; yet, because their bodies are seen as different, intersex children and adults are often stigmatised and subject to harmful practices – including in medical settings - and discriminated against. More women and girls is further brought to the attention of the committee and the international community.
ILGA World is a worldwide federation of more than 2,000 organisations from over 170 countries and territories campaigning for the human rights of people with diverse sexual orientations, gender identities and expressions, and sex characteristicsa term that refers to physical features relating to sex - including genitalia and other sexual and reproductive anatomy, chromosomes, hormones, and secondary physical features emerging from puberty. More. *** ILGA Asia is the Asian region of ILGA World, representing more than 100 member organisations in the region. *** Stonewall is one of the largest LGBTQ+ NGOs, advocating for LGBTQ+ rights globally.
