Afghanistan

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Challenging Times Ahead: Australia’s War Crimes Prosecutions

On Tuesday, 7 April 2026, Australia’s most decorated living soldier, Ben Roberts-Smith, was arrested and charged with five counts of the war crime of murder. He is the second soldier charged following Australia’s Brereton Inquiry, which, in November 2020, found credible information of 23 incidents of unlawful killing and two incidents of cruel treatment by Australian Special Forces soldiers in Afghanistan between 2009 and 2013 (for further detail see here). The other person against whom charges have been laid, Oliver Schulz, was arrested in March 2023 and committed to trial in August 2025. Schulz has pleaded not guilty to the crimes. The trial is currently expected to commence in 2027.  Domestically, these trials raise complex legal, evidentiary and procedural issues that will test Australia’s capacity to prosecute international crimes. More broadly, this represents a key opportunity to explore the distinct challenges raised by prosecuting international crimes in a common law system.

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Gender Apartheid and the Limits of Criminalisation

In August 2021, the Taliban returned to power in Afghanistan. This followed two decades of US-led military intervention and occupation, repeatedly justified as a mission to liberate Afghan women from the Taliban during their first regime from 1996-2001. Since their return, the Taliban have enforced an institutionalised regime of systemic discrimination and exclusion of women, depriving…

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Listening in Times of Crisis: Notes from the Peoples’ Tribunal for Women of Afghanistan

In the wake of relentless violence being live-streamed onto our phones for the last two years, the international legal community has been confronted with questions about the relevance and legitimacy of international law: ‘Is international law dead?’ ‘Is it in crisis?’ ‘What is it like to teach international law in times like…

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Unrecognized Governments and the ICC Redux: Could Afghanistan Withdraw from the Rome Statute?

In January 2025, the Office of the Prosecutor applied for warrants to arrest Haibatullah Akhundzada, the Supreme Leader of the Taliban and de facto leader of Afghanistan, and Abdul Hakim Haqqani, the Chief Justice of the Islamic Emirate of Afghanistan, for the crime against humanity of persecution on gender grounds under article 7(1)(h) of the…

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Gender Persecution at the International Criminal Court: The ICC Issues Arrest Warrants against Taliban Leaders for Crimes against Humanity

On 8 July 2025, Pre-Trial Chamber II of the International Criminal Court issued arrest warrants against two senior Taliban leaders in the Situation in Afghanistan. The Office of the Prosecutor (OTP) hailed the warrants as an ‘important vindication and acknowledgement of the rights of Afghan women and girls’, with…

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