International Criminal Court recognises LGBTQI+ persecution in Afghanistan
Reposted from ILGA World: https://ilga.org/news/international-criminal-court-afghanistan-lgbtqi/
The Hague / Geneva / Bangkok, 24 January 2025 – The International Criminal Court 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 gender grounds “against Afghan girls and women, as well as persons whom the Taliban perceived as not conforming with their ideological expectations of gender identity 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 expression among the drivers of human rights violations,” said Julia Ehrt, Executive Director at ILGA World. “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.”
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,” said Henry Koh, Executive Director of ILGA Asia. “These acts are blatant violations of international human rights law 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.” In the next few months, the Committee on the Elimination of Discrimination 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 lesbian, bisexual, trans, and intersex women and girls is further brought to the attention of the committee and the international community.
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Notes for editors
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 characteristics. https://ilga.org
ILGA Asia is the Asian region of ILGA World, representing more than 100 member organisations in the region. https://ilgaasia.org
Stonewall is one of the largest LGBTQ+ NGOs, advocating for LGBTQ+ rights globally. https://www.stonewall.org.uk/global/programmes
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