On 8th July, 2025, the International Criminal Court  (ICC), in a significant ruling, issued arrest warrants for  Haibatullah Akhundzada, Supreme Leader of the Taliban, and Abdul Hakim Haqqani, Chief Justice of the Taliban. The ICC believes that the court has found "reasonable grounds" that indicate these two de facto rulers of Afghanistan have committed a crime against humanity of persecution on gender grounds. The Taliban leaders responded by saying it doesn't recognise the ICC and called the warrant "a clear act of hostility" and an "insult to the beliefs of Muslims around the world".0

Challenging the authority of the ICC is not an isolated event in world politics as last February the Taliban leaders withdrew Afghanistan from the International Criminal Court after calling its decision "unlawful". They made their stand clear by confirming that they want to follow the Sharia law and other laws have no bearing on the firm will and Islamist stance of the Taliban leaders.

The refusal to be a part of an international organization that deals with crimes against humanity and dismissing its jurisdiction is a direct challenge to the credibility of such organizations. The ICC, having no independent mechanism to implement arrest warrants, completely depends on the cooperation of the State. Cooperation is already denied from the Taliban leaders and this denial could pose a threat to the principle of international justice. 

Afghan Women in Despair

Beyond educational restrictions, the Taliban government has significantly curtailed women's participation in professional and public spheres. Women have been prohibited from working in non-governmental organizations (NGOs), governmental jobs, and the healthcare system. Restrictions also extend to public spaces, with bans on women's access to parks and gyms, and the mandate for a male companion for travel outside home. 

These institutionalized policies, which are also considered as ‘gender apartheid’ by experts, have reduced women's visibility in the public sphere and increased their dependence on men. Inside the country Afghan women can go nowhere for justice as the judicial mechanisms are controlled by the Taliban. Some have left the country, some have been displaced internally, and some are still hoping against hope for some succour. 

The repressive nature of the Taliban government along with the absence of a credible international enforcement mechanism for human rights have left Afghan women in despair. Publicly rejecting the ICC ruling and lack of enforcement mechanism of such organizations might set an example to other ideologically resistant countries that global norms can be discarded without consequences. As more international actors fail to comply with such norms, their very legitimacy would be in danger, deepening the lack of credibility of international organizations. This could lead to the normalization of human rights violations without fear of any legal consequences. 

Setting a Wrong Precedent

If  a newly established government like the Taliban, recognized by only one major power, can ignore the authority of the ICC, it sets a precedent that other rogue regimes might also choose to follow. And if the Taliban government can get away with this, then it would not be possible to intervene if in future human rights violations or any crimes take place needing international intervention. And if such a government faces no consequences, it will undermine future efforts to intervene in cases of human rights abuses or international crimes that require global action.

Recent geopolitical shift in the region is likely to have an impact on the willingness of the Taliban government to undermine global justice. Konstantin Kosachev, deputy speaker of Russia’s Federation Council, pointed out the "double standard" of the ICC in regard to dealing with Taliban leaders following Russian recognition of Taliban as a legitimate authority last week. This move came after Russian recognition that the allies of Russia are expected to normalize their relationship with the Taliban government. The shift is indicative of Russia's larger goal to counter Western dominance in Central Asia, increase its influence in Afghanistan, and increase its presence in the region. 

Global Justice in Question

In a surprising move India that never had cordial relations with the Taliban recently abstained from a voting against the Taliban government in the United Nations. Although India justified its move by saying that a simple condemnation would not result in anything until coordinated initiative efforts can be taken, the deeper motive can be found in India’s growing security concerns in the region. Since coming to power, the relationship of Taliban and Pakistan have deteriorated over security concerns and ethnic disputes and India can take advantage of the situation by having a cordial relationship with Taliban. These motives are likely to provide diplomatic support to the Taliban against the legal sanctions of the ICC.

The refusal of cooperation with the ICC by the Taliban government questions the credibility of the liberal international world order. International organizations, most of them having no independent enforcement mechanism, are entirely dependent on the cooperation and backing of member states. Here it’s not only the cooperation that has been denied but the non-cooperative stance of other powerful international actors demonstrates their inclination to grow outside the framework of global justice.

(The author is an Assistant Professor, with a background in international studies, holding MPhil and PhD degrees from Jawaharlal Nehru University, New Delhi. My research focuses on migration studies, foreign policy, and peace building. Views expressed are personal. He can be contacted at rajarshi.education@gmail.com )