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ICC for first time recognizes LGBTQ people as victims of gender persecution

Chief prosecutor to seek arrest warrants for Taliban leaders behind human rights abuses

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The International Criminal Court in The Hague, Netherlands. (Photo by STRINGER Image/Bigstock)

The International Criminal Court on Jan. 23 for the first time recognized LGBTQ people as victims of gender persecution under international criminal law. 

Karim Khan, the ICC’s chief prosecutor, announced a request for arrest warrants against Taliban officials accused of targeting women and others perceived as defying the group’s strict gender norms in Afghanistan. It is the first time LGBTQ people have been explicitly named as victims in a gender persecution case before the court.

Since the Taliban’s takeover of Afghanistan in August 2021, there has been a significant escalation in the repression of LGBTQ people and women. A report that Human Rights Watch released in 2022 documented nearly 60 cases of targeted violence against LGBTQ people in the months following the Taliban’s return to power.

The Washington Blade in October 2022 reported the Taliban have frequently used the contents of seized cell phones to track and target LGBTQ people, further intensifying the climate of fear, and violence against the community in Afghanistan.

In its February 2023 report, “A Mountain on My Shoulders: 18 Months of Taliban Persecution of LGBTIQ Afghans,” Outright International detailed how Taliban security officials systematically targeted LGBTQ people, especially gay men and transgender women, subjecting them to physical and sexual assault as well as arbitrary detention. The report also noted Taliban authorities had carried out public floggings for alleged same-sex relations, with the Taliban Supreme Court publicly defending these punishments on social media at the time.

The report indicates Taliban officials had escalated their efforts to target LGBTQ people, making it a greater priority. They collected intelligence on LGBTQ activists and community members, hunted them down, and subjected them to violence and humiliation as part of their systematic campaign of repression.

Khan has sought charges against the Taliban’s Supreme Leader, Haibatullah Akhundzada, the Taliban’s supreme leader, and Chief Justice Abdul Hakim Haqqani for crimes against women, girls, and LGBTQ people. Khan said there are reasonable grounds to believe that Akhundzada and Haqqani orchestrated systematic violations of fundamental rights, including physical integrity, autonomy, free movement, free expression, education, private and family life, and free assembly.

Khan further detailed that the Taliban’s persecution was committed in connection with other crimes under the Rome Statute, including murder, imprisonment, torture, rape and other forms of sexual violence, enforced disappearance, and other inhumane acts.

Reports indicate the Taliban has banned education for girls beyond sixth grade, severely restricting their access to education and limiting employment opportunities in health and education sectors. Taliban members have also beaten, detained, and tortured women who participated in protests in support of their rights, and have carried out violent attacks against LGBTQ people.

Khan’s requests have been submitted to a pretrial chamber comprising three ICC judges, who will decide whether to issue the warrants. The ICC initially authorized the Afghanistan investigation in March 2020, following a preliminary examination that began in 2007. The investigation, however, was paused for several years as the prosecutor and ICC judges considered a request by Afghanistan’s former government to defer ICC proceedings in favor of domestic prosecutions the government claimed to be pursuing.

The judges noted any cases pursued by the former Afghan government represented, at most, a “very limited fraction” of those falling within the scope of an ICC investigation. They also observed that the current government displayed no interest in upholding the deferral request. The ICC, as a result, authorized the resumption of the investigation in October 2022.

“This is a historic moment since it is the first time in history that the ICC has officially recognized the crimes committed against LGBTIQ+ people. This application for an arrest warrant sends a strong message that the international community rejects the gender persecution of LGBTIQ+ people,” said Artemis Akbary, executive director of the Afghanistan LGBTIQ Organization. “LGBTIQ+ people in Afghanistan need our support and solidarity more than ever, and we must ensure that they have access to justice and accountability.”

Outright International in its press release stated this development marks a significant step toward addressing the unique vulnerabilities of LGBTQ people in conflict and crisis situations.

“The Taliban’s reign of terror over women and LGBTIQ people has been based on the assumption that gender persecution can persist with impunity. The ICC’s recognition of LGBTIQ victims challenges that presumption by recognizing the humanity of our communities,” said Outright International Senior Director of Law, Policy, and Research Neela Ghoshal. “Once arrest warrants are issued against Taliban officials, member states should support the court’s efforts to swiftly bring them to justice.”

Human Rights Watch International Justice Director Liz Evenson also welcomed Khan’s announcement.

“The ICC prosecutor’s request for arrest warrants against two senior Taliban leaders for the crime against humanity of gender persecution should put the Taliban’s oppression of women, girls, and gender nonconforming people back on the international community’s radar,” said Evenson. “With no justice in sight in Afghanistan, the ICC warrant requests offer an essential pathway for a measure of accountability.” 

She added the “international crimes committed in Afghanistan are vast, but a broad approach to accountability is needed to break cycles of impunity that have led to more abuses.”

“ICC member countries should ensure the court has the backing and practical assistance it needs to expand its Afghanistan investigations,” said Evenson.

The Afghan Justice Ministry has not responded to the Washington Blade’s request for comment.

“It is truly groundbreaking for the International Criminal Court to recognize 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 ILGA World Executive Director Julia Ehrt. “These warrants of arrest highlight human rights violations that civil society has long documented and that the world can no longer ignore.”

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Iran

LGBTQ Iranians join anti-government protests

Nationwide demonstrations over economy began Dec. 28

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(Image by Micha Klootwijk/Bigstock)

Protests erupted across Iran on Dec. 28 as public anger over the country’s collapsing country spilled into the streets. Members of the LGBTQ community are among those who have participated in them.

What began as demonstrations over rising living costs soon expanded into broader political dissent, with protesters chanting anti-government slogans and, in some cases, directly criticizing Supreme Leader Ayatollah Ali Khamenei. Authorities later imposed internet restrictions and launched a nationwide crackdown, according to human rights groups.

According to Reuters, an Iranian official said authorities have verified at least 5,000 deaths linked to the unrest, including about 500 members of the security forces. The official blamed what the government described as “terrorists and armed rioters” for the killings, a characterization that could not be independently verified due to severe restrictions on media access and internet connectivity.

The same official told Reuters that the final death toll was not expected to rise significantly. The official also alleged that Israel and armed groups outside Iran had supported and supplied those involved in the protests, claims that could not be independently verified.

Multiple sources told the Washington Blade that LGBTQ Iranians have taken part in the protests against the government, despite the heightened risks they face under the country’s strict laws that criminalize consensual same-sex sexual relations.

Arsham Parsi, founder and executive director of International Railroad for Queer Refugees, is from Shiraz, a city in southern Iran. He fled the country in 2005.

Parsi told the Blade a widespread demand for dignity and freedom is driving the uprising. 

“It is important to say clearly: LGBTQ people are part of Iranian society, and they are part of this protest,” said Parsi. “Many are participating directly, despite facing risks that are often even greater than others — because in Iran they are already criminalized and targeted simply for who they are.”

“For LGBTQ Iranians, showing up — whether publicly or in underground ways — can carry life-and-death consequences,” he added.

Parsi told the Blade that members of the LGBTQ community with whom he has been in contact described a mix of fear, exhaustion, grief, and determination. He added that many of them feel this moment differs from previous waves of protest in Iran.

“The scope, the persistence, and the public rejection of fear feel qualitatively different — and for that reason, many Iranians inside and outside the country are hopeful that this will lead to real transformation, including regime change, and that Iranians will finally regain their freedom,” said Parsi. “Freedom is not free, and Iranians are paying its cost with their blood.”

Parsi said the government’s response to the protests has been severe; citing widespread blackouts, internet shutdowns, telephone disruptions, and heavy security presence on the streets. He said the communication restrictions have made it increasingly difficult to document abuses, locate missing people, coordinate medical assistance or verify information, warning that such conditions can allow violence to occur beyond public view.

Parsi said his organization, along with other trusted groups, has been sharing harm-reduction guidance whenever possible, particularly on digital safety, avoiding identification and minimizing risk. He added, however, there is no fully safe way to protest under a system that criminalizes identity and treats dissent as an enemy, noting LGBTQ people, women, students, labor activists, and ethnic and religious minorities are among those facing the greatest danger.

“I also want to be very clear about what kind of international involvement we are calling for. We are against foreign military intervention. Iranians must determine Iran’s future. But we do need international aid and serious diplomatic engagement that is grounded in human rights — not convenience,” said Parsi. “In the past, too often, when Iranians rose up, parts of the international community were distracted by negotiations, ‘promises’ from the Islamic Republic, or short-term deals, and the momentum for human rights was abandoned.” 

“We hope this time no one is fooled,” he added. “The regime is desperately trying to manipulate the narrative through state media and misinformation — to change the course of events and confuse the international community. The world must be smart, vigilant, and principled: do not reward repression with legitimacy, and do not trade away Iranian rights for empty assurances.”

Parsi said the unrest should also be viewed within a broader regional context, noting Iran’s actions beyond its borders have long drawn criticism from governments and analysts who accuse the country of supporting armed groups and contributing to conflicts that have harmed civilians across the Middle East. He said a future Iran that respects human rights domestically and pursues less confrontational policies abroad could have implications not only for Iranians, but for regional and global stability as well, adding many within the country continue to protest despite the personal risks involved.

Soudeh Rad, co-founder and executive director of Spectrum, a France-based NGO that works with Farsi-speaking communities on gender equality and LGBTQ issues, noted to the Blade the latest wave of large-scale protests began in Tehran’s Grand Bazaar. They said LGBTQ people, like other marginalized and underrepresented communities, often suffer disproportionate burden under systems of entrenched discrimination.

“Images and testimonials prove the fact that protestors are from all classes, ages, communities, ethnicities, genders, and even with different abilities. This is not a higher-class protest. Obviously, our LGBTQIA+ siblings, of all political tendencies and belongings,” said Rad. “As we can imagine, if their SOGIESC (sexual orientation, gender identity, gender expression, and sex characteristics) identity is revealed at the detention centers and prisons, they will be subject to a higher and more intense torture. Police and militia have not hesitated a moment to shoot protestors to kill them. Snipers have been spotted targeting people. Reported numbers of killed and injured people go as high as thousands.”

Rad said recent protest movements have produced gradual social changes in Iran even without formal legal reforms. They cited the “Women, Life, Freedom” movement, noting observers report growing noncompliance with compulsory hijab rules and increased solidarity among ethnic and long-marginalized communities that include Baluchis, Kurds, and Azeris. Rad described the current unrest as part of an ongoing process of social transformation.

Shadi Amin, a director at the LGBTQ rights group 6Rang, said the full impact of the crackdown on LGBTQ activists remains unknown, citing internet shutdowns and limited access to detention centers that have hindered documentation. She said LGBTQ people often face additional barriers to recognition as victims of human rights abuses, because discussions of sexual orientation and gender identity are frequently sidelined during periods of unrest. This omission leaves many cases unacknowledged or erased from public narratives.

Amin also pointed to Iran’s legal framework, under which consensual same-sex sexual relations remain punishable by death, as a key factor contributing to the long-standing invisibility of LGBTQ people. 

She said the absence of official data makes it impossible to determine how many LGBTQ individuals may have been killed, detained or subjected to abuse during the protests, adding that this lack of recognition has persisted for decades. Amin told the Blade the internet shutdown has also severed regular communication between advocacy groups and LGBTQ people inside Iran, cutting off counseling services and daily contact that had previously provided limited insight into conditions on the ground. She said the loss of communication has made it increasingly difficult to assess the safety of individuals or confirm who remains in detention or has gone missing.

“I have spent almost my entire life fighting for freedom and democracy. Even if we have not yet achieved our ultimate goal, we have made life harder for our oppressors and safer for our community—and that in itself matters,” Amin noted to the Blade. “We seek change and have called for international intervention to uphold the responsibility to stop crimes against humanity, including through Responsibility to Protect (a U.N. principle adopted in 2005); however, top-down regime change or foreign military intervention would silence the movement.” 

“In times of war, weapons — not people — have the final word, and social movements are pushed aside. This is one of our core concerns,” she added. “Another is the risk that even if the current regime is overthrown, it could be replaced by another form of dictatorship — such as a monarchic project represented by the son of the former shah, who has lived in the United States for nearly five decades and lacks democratic legitimacy.”

Amin said LGBTQ activists fear being overlooked amid the broader unrest, emphasizing concerns that ongoing repression and communication blackouts risk pushing LGBTQ experiences further out of public view. She said maintaining international attention remains critical for communities that are often forced into invisibility during periods of crisis.

Matt Forouzandy, president of the 30-Morg Queer Liberation Committee, an NGO focused on LGBTQ issues affecting Iranians inside the country and in the diaspora, confirmed LGBTQ Iranians have participated in the protests since they began. 

He said some queer Iranians publicly expressed support for Crown Prince Reza Pahlavi on social media, sharing posts alongside Iran’s lion and sun flag, while acknowledging the risks they faced before joining demonstrations.

Pahlavi is the son of Iran’s last monarch, Mohammad Reza Shah Pahlavi, who was overthrown during the 1979 Islamic Revolution. Living in exile, he has in recent years emerged as a symbolic opposition figure for some Iranians abroad, though his role and influence inside the country remain contested.

Forouzandy said LGBTQ people inside Iran have, in some cases, participated more openly in the protests than many observers might expect, citing years of compounded repression under the regime. He said many queer activists use their real names and photographs on X and other social media platforms, rather than operating anonymously. Forouzandy added LGBTQ participants across different regions of the country have publicly expressed opposition to the current system.

Forouzandy said the future legal and civil status of LGBTQ people in Iran would depend on the political direction taken if the current system were to change, including whether outcomes reflect domestic demands or outside influence. He said some protesters have expressed support for a return to monarchical rule, arguing that such a shift could affect prospects for civil rights, though the outcome remains uncertain.

“Iranians in the diaspora — including LGBTQ+ individuals — are doing everything within their capacity to support those inside the country,” said Forouzandy. “However, the most decisive force remains the people inside Iran themselves. Their courage, determination, and collective will are what ultimately shape the outcome.” 

“This is especially true for LGBTQ+ Iranians, who are fighting simultaneously for the liberation of their homeland and for full and equal civil rights within a future free Iran,” he added.

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Greenland

The Greenland lesson for LGBTQ people

Playbook is the same for our community and Europeans

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(Photo by Maridav/Bigstock)

I understand my own geopolitical limits and don’t pretend to know how Europeans should respond to U.S. threats to seize Greenland or retaliate against anyone who opposes them. However, as I mentioned in March, it’s clear that for Europeans and LGBTQ+ people alike, hug-and-kiss diplomacy is over.

In practice, that means responding to the U.S. administration’s provocations with dialogue, human‑rights rhetoric, and reasoning may now be counterproductive. It looks weak. At some point, Europeans will have to draw a line and show how bullying allies and breaking international agreements carry a cost — and that the cost is unpredictable. On the surface, they have few options; like LGBTQ+ communities, they are very behind in raw power and took too long to wake up. But they still have leverage, and they can still inflict harm.​

Maybe it is time for them to call the bluff. America has a great deal to lose, not least its reputation and credibility on the world stage. Stephen Miller and Pete Hegseth, with all their bravado, obviously underestimate both the short‑ and long‑term geopolitical price of ridicule. Force the United States to contemplate sending troops into an ally’s territory, and let the consequences play out in international opinion, institutions, and markets.​

In the United States, LGBTQ+ communities have already endured a cascade of humiliations and live under constant threat of more. In 2025 our symbols and heroes were systematically erased or defaced: the USNS Harvey Milk was quietly renamed after a straight war hero, Admiral Rachel Levine’s title and image were scrubbed from official materials, Pride flags were banned from public buildings, World AIDS Day events were defunded or stripped of queer content, the Orlando memorial and other sites of mourning were targeted, the U.S. lead a campaign against LGBTQ+ language at the U.N., and rainbow crosswalks were literally ripped up or painted over. We cannot simply register our distress; we must articulate a response.​

In practice, that means being intentional and focused. We should select a few unmistakable examples: a company that visibly broke faith with us, a vulnerable political figure whose actions demand consequences, and an institution that depends on constituencies that still need us. The tools matter less than the concentration of force — boycotts, shaming, targeted campaigning all qualify — so long as crossing certain lines produces visible, memorable costs.​

A friend suggested we create what he called a “c***t committee.” I liked the discipline it implies: a deliberate, collective decision to carefully select a few targets and follow through. We need a win badly in 2026.

These thoughts are part of a broader reflection on the character of our movement I’d like to explore in the coming months. My friends know that anger and sarcasm carried me for a long time, but eventually delivered diminishing returns. I am incrementally changing these aspects of my character that stand in the way of my goals. The movement is in a similar place: the tactics that served us best are losing effectiveness because the terrain has shifted. The Greenland moment clarifies that we must have a two-pronged approach: building long-term power and, in the short term, punching a few people in the nose.

Fabrice Houdart published this column on his weekly Substack newsletter. The Washington Blade has republished it with his permission.

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Congress

McBride, other US lawmakers travel to Denmark

Trump’s demand for Greenland’s annexation overshadowed trip

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U.S. Rep. Sarah McBride (D-Del.) is among the U.S. lawmakers who traveled to Denmark over the past weekend. (Washington Blade photo by Michael Key)

Delaware Congresswoman Sarah McBride is among the 11 members of Congress who traveled to Denmark over the past weekend amid President Donald Trump’s continued calls for the U.S. to take control of Greenland.

McBride, the first openly transgender person elected to Congress, traveled to Copenhagen, the Danish capital, with U.S. Sens. Chris Coons (D-Del.), Thom Tillis (R-N.C.), Jeanne Shaheen (D-N.H.), Dick Durbin (D-Ill.), and Lisa Murkowski (R-Alaska) and U.S. Reps. Steny Hoyer (D-Md.), Gregory Meeks (D-N.Y.), Madeleine Dean (D-Pa.), Don Bacon (R-Neb.), and Sarah Jacobs (D-Calif.). The lawmakers met with Danish Prime Minister Mette Frederiksen and Greenlandic MP Pipaluk Lynge, among others.

“I’m grateful to Sen. Coons for his leadership in bringing together a bipartisan, bicameral delegation to reaffirm our support in Congress for our NATO ally, Denmark,” said McBride in a press release that detailed the trip. “Delaware understands that our security and prosperity depend on strong partnerships rooted in mutual respect, sovereignty, and self-determination. At a time of growing global instability, this trip could not be more poignant.”

Greenland is a self-governing territory of Denmark with a population of less than 60,000 people. Trump maintains the U.S. needs to control the mineral-rich island in the Arctic Ocean between Europe and North America because of national security.

The Associated Press notes thousands of people on Saturday in Nuuk, the Greenlandic capital, protested against Trump. British Prime Minister Keir Starmer is among those who have criticized Trump over his suggestion the U.S. would impose tariffs against countries that do not support U.S. annexation of Greenland.  

A poll that Sermitsiaq, a Greenlandic newspaper, and Berlingske, a Danish newspaper, commissioned last January indicates 85 percent do not want Greenland to become part of the U.S. The pro-independence Demokraatit party won parliamentary elections that took place on March 12, 2025.

“At this critical juncture for our countries, our message was clear as members of Congress: we value the U.S.-Denmark partnership, the NATO alliance, and the right of Greenlanders to self-determination,” said McBride on Sunday in a Facebook post that contained pictures of her and her fellow lawmakers meeting with their Danish and Greenlandic counterparts.

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