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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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Poland

Polish government to recognize same-sex marriages from EU countries

Prime minister: recognition ‘no way a path to the possibility of adoption’

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The Polish Sejm in Warsaw in 2024. (Washington Blade photo by Michael K. Lavers)

The Polish government on Tuesday said it will recognize same-sex marriages legally performed in other European Union states.

The EU Court of Justice in Luxembourg last November ruled in favor of a same-sex couple who challenged Poland’s refusal to recognize their German marriage. Poland’s Supreme Administrative Court in March reaffirmed the decision.

The couple, who lives in Poland, brought their case to Polish courts in 2019. The Supreme Administrative Court referred it to the EU Court of Justice.

Prime Minister Donald Tusk on Tuesday apologized to same-sex couples for the “years of rejection and humiliation” they suffered because Poland did not recognize their relationships.

“I hope that after the ruling of the (European Union) court and the Supreme Administrative Court, we will also find swift and necessary legislative solutions in parliament,” said Tusk, according to TVP, Poland’s public broadcaster.

Warsaw Mayor Rafał Trzaskowski, a member of Tusk’s centrist Civic Coalition party, who supports LGBTQ rights, said his city will begin to recognize same-sex marriages legally performed in other EU countries before the national government does. Tusk, for his part, said this recognition is “no way a path to the possibility of adoption.”

Any marriage recognition bill that MPs pass will go to President Karol Nawrocki, who is a socially conservative Catholic, for his signature.

“We welcome these decisions and announcements with hope,” said the Campaign Against Homophobia, a Polish LGBTQ advocacy group. “The true confirmation of these words, however, will be the signing of the aforementioned regulation and the actual certificates held in the hands of those Polish couples who were forced to fight for their dignity and justice before Polish courts.”

Karolina Gierdal, a lawyer with Lambda Warszawa, another Polish LGBTQ rights organization, criticized Tusk’s adoption comments.

“It is sad that the LGBT community is once again presented as a threat, as if society needs reassurance that adoption rights ‘won’t happen.’” she told TVP. “The reality is that children are already being raised in same-sex families in Poland, and maintaining the current legal situation means reducing the level of legal protection available to those children.”

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Commentary

He is 16 and sitting in a Cuban prison

Jonathan David Muir Burgos arrested after participating in anti-government protests

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Jonathan David Muir Burgos remains in a Cuban jail. (Graphic by Ignacio Estrada Cepero)

Jonathan David Muir Burgos is 16-years-old, and that fact alone should force the world to stop and pay attention. He is not an armed criminal, nor a violent extremist, nor someone accused of harming others. He is a Cuban teenager who ended up behind bars after joining recent protests in the city of Morón, in the province of Ciego de Ávila, demonstrations born out of exhaustion, desperation, and the growing collapse of daily life across the island.

Those protests did not emerge from privilege or political theater. They erupted after prolonged blackouts, food shortages, lack of drinking water, unbearable heat, and a level of public frustration that continues to deepen inside Cuba. People took to the streets because ordinary life itself has become increasingly unbearable. Families are surviving for hours and sometimes days without electricity. Parents struggle to find food. Entire communities live trapped between scarcity and silence.

Jonathan became part of that reality.

And today, he is sitting inside a Cuban prison.

The World Health Organization defines adolescence as the stage between approximately 10 and 19 years of age, a period marked by emotional, psychological, and physical development. That matters deeply here because Jonathan is not simply a “young protester.” He is a minor. A teenager still navigating the fragile years in which identity, emotional stability, and personal growth are being formed.

Yet the Cuban government chose to place him inside a high-security prison alongside adults.

There is something profoundly disturbing about a political system willing to expose a 16-year-old boy to the psychological brutality of prison life simply because he exercised the right to protest. A prison is never only walls and bars. It is fear, humiliation, emotional pressure, intimidation, and uncertainty. For a teenager surrounded by adult inmates, those dangers become even more alarming.

The situation becomes even more serious because Jonathan reportedly suffers from severe dyshidrosis and has previously experienced dangerous bacterial infections affecting his health. His condition requires proper medical care, hygiene, and adequate treatment, precisely the kind of stability that is difficult to guarantee inside the Cuban prison system.

Behind this story there is also a family living through a kind of pain impossible to fully describe.

Jonathan is the son of a Cuban evangelical pastor. Behind the headlines there is a mother wondering how her child is sleeping at night inside a prison cell. There is a father trying to hold onto faith while imagining the emotional and physical risks his teenage son may be facing behind bars. Faith does not erase fear. Faith does not prevent parents from trembling when their child is imprisoned.

And this is where another painful contradiction emerges.

While a Cuban pastor watches his son remain incarcerated, there are still political and religious voices outside Cuba romanticizing the Cuban regime from a safe distance. There are people who speak passionately about justice while remaining silent about political prisoners, repression, censorship, and now even the imprisonment of adolescents.

That silence matters.

Because silence protects systems that normalize abuse.

For too long, parts of the international community have spoken about Cuba through ideological nostalgia while refusing to confront the human cost paid by ordinary Cubans. The reality is not romantic. The reality is families surviving in darkness, young people fleeing the country in massive numbers, parents struggling to feed their children, and now a 16-year-old boy sitting inside a prison after joining a protest born from desperation.

No government has the moral right to destroy the emotional and psychological well-being of a teenager for exercising freedom of expression. No ideology should stand above human dignity. And no institution that claims to defend justice should remain indifferent while a child becomes a political prisoner.

Jonathan David Muir Burgos should not be in prison.

A 16-year-old boy should not have to pay for protest with his freedom. 

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Hungary

New Hungarian prime minister takes office

Péter Magyar’s party defeated anti-LGBTQ Viktor Orbán last month

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Péter Magyar votes in Budapest, Hungary on April 12, 2026. He has been sworn in as the country's new prime minister. (Screen capture via APT/YouTube)

Hungarian Prime Minister Péter Magyar took office on Saturday.

Magyar’s center-right Tisza party on April 12 defeated then-Prime Minister Viktor Orbán’s Fidesz-KDNP coalition. Vice President JD Vance less than a week before the election traveled to Budapest, the Hungarian capital, and urged Hungarians to support Orbán.

Orbán had been in office since 2010. He and his government faced widespread criticism over its anti-LGBTQ crackdown.

The European Commission in 2022 sued Hungary, which is a member of the EU, over the country’s anti-LGBTQ propaganda law. The European Union’s top court, the EU Court of Justice, on April 21 struck down the statute.

The EU while Orbán was office withheld upwards of €35 billion ($41.26) in funds to Hungary in response to concerns over corruption, rule of law, and other issues.

Hungarian lawmakers in March 2025 passed a bill that banned Pride events and allowed authorities to use facial recognition technology to identify those who participate in them. MPs later amended the Hungarian constitution to ban public LGBTQ events.

Upwards of 100,000 people last June defied the ban and marched in Budapest’s annual Pride parade.

“Congratulations to [Péter Magyar] on becoming prime minister of Hungary,” said European Commission President Ursula von der Leyen on X.

“This Europe Day, our hearts are in Budapest,” she added. “The hope and promise of renewal is a powerful signal in these challenging times.”

“We have important work ahead of us,” noted von der Leyen. “For Hungary and for Europe, we are moving forward together.”

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