KABUL, Afghanistan — The recent arrests of three religious clerics who publicly criticized the Taliban's leadership policies have sparked widespread condemnation from various sectors, including Islamic scholars, former prosecutors, and human rights advocates. The clerics, Abdul Qadir Qanit, Mahmood Hassan, and Abdul Aziz Shuja, were taken by the Taliban’s intelligence agency after raising concerns about the excessive power held by the Taliban leader, Haibatullah Akhundzada, particularly from his stronghold in Kandahar. Their current whereabouts remain uncertain.
Zia Badakhsh, an Islamic scholar, voiced concerns about the Taliban's oppressive tactics, stating, “The Taliban do not tolerate dissent. They use arbitrary arrests, threats, and even torture to silence critics, just as they did with protesting women.” Such sentiments reflect the fears held by many about the Taliban's tactics aimed at stifling criticism and dissenting voices.
The detained clerics were vocal about the Taliban’s governance during their recent press conference, where they urged the formation of a more inclusive government and the restoration of rights for women and girls. Mahmood Hassan, one of those arrested, noted, “Step out of Kandahar—other provinces are also part of Afghanistan.” Meanwhile, colleague Abdul Aziz Shuja proclaimed the value of education, emphasizing, “Anyone with knowledge, whether man or woman, has a high status in the eyes of God.” Yet, shortly after making these statements, the Taliban's intelligence agency moved to arrest them.
Human rights experts, like former prosecutor Ghulam Farooq Aleem, have pointed out the ominous message perceived through such arrests: “The Taliban want to send a message: Anyone who dares to criticize them will be silenced,” which only reinforces the overall climate of fear and oppression under their rule. Since taking power on August 15, 2021, the Taliban's reliance on intimidation and arbitrary arrests has escalated as they seek to suppress any opposition.
Parallel to these detentions, the International Criminal Court (ICC) recently made headlines with its request for arrest warrants for Taliban leaders Akhundzada and chief justice Abdul Hakim Haqqani, citing their roles in the systemic persecution of Afghan women and girls. This request marks a significant milestone as it emphasizes gender persecution as the central charge, something unprecedented in terms of international legal actions against the Taliban.
According to experts at the U.S. Institute of Peace, including Belquis Ahmadi, “The ICC’s request highlights the severity of the Taliban’s systemic repression and reinforces the global commitment to holding perpetrators of human rights abuses accountable.” The court's move could escalate pressure on the Taliban, both domestically and internationally, signifying potential ramifications for their already tenuous grip on governance.
The Taliban's harsh restrictions, which have barred women from seeking secondary education, limiting their participation in public life, and restricting access to vocational training, describe what human rights organizations are increasingly calling “gender apartheid.” Such measures drew widespread condemnation, yet prior to the ICC's current request for arrest warrants, meaningful consequences for Taliban leaders were mostly absent.
Complicities arise here as some articulate the fear of retaliation against women for international scrutiny. Historical behavior suggests the Taliban could tighten existing restrictions whenever facing external pressure. Already, women face isolation and were denied access to parks or other recreational spaces, reflecting not only the Taliban's deep-seated misogyny but also undermining Afghanistan’s prospects for social progression.
Even within the Taliban, tensions seem to be brewing, with some members advocating for engagement with the international community. Sher Abbas Stanikzai, a senior Taliban official, recently went public with his criticism of the Taliban's stance on girls’ education, referring to it as “an injustice” and arguing it was not grounded on Islamic law. This growing divide suggests some recognition among pashtun ethnic factions within the Taliban of the need for reform to prevent continued isolation.
While the ICC’s impending actions represent significant legal progress, the ability to enforce these warrants remains problematic. The Taliban's leadership has not ventured outside Afghanistan since they assumed control, making actual arrests improbable due to Afghanistan's non-participation in the ICC's Rome Statute. Nevertheless, Ahmadi emphasizes the symbolic weight of this indictment, stating, “This is a clear message to the Taliban... the world has not turned a blind eye to their crimes.”
Looking forward, experts urge the international community to amplify support for Afghan women. Calls for governments engaging with the Taliban to condition diplomatic relations based on specific improvements to women's rights are now echoed widely. The need for targeted sanctions against Taliban leaders has become more apparent as the world takes stock of the systemic abuses faced by Afghan women under the current regime.
Scott Worden, another USIP expert, cautions, “The indictment won’t immediately change conditions for Afghan women. But it adds another layer of isolation for the Taliban and makes it harder for them to achieve diplomatic recognition.” The road to justice remains long, but these developments signify important steps toward accountability, reminding the Taliban and the world of the pressing need to uphold human rights for all, particularly those of the most vulnerable—Afghan women and girls.