The ICC's statement asserts that these leaders have systematically targeted women and girls, stripping them of basic rights and freedoms. Since their return to power, the Taliban have enforced radical measures that effectively exclude women from public life. Women face restrictions such as being barred from speaking in public, accessing workplaces, and entering public venues including parks and salons. Travel restrictions require women to be chaperoned by male relatives, and they must wear full-body coverings when outdoors. Moreover, educational opportunities for girls have drastically diminished, as they are prohibited from attending school beyond the sixth grade.

Experts characterize Afghanistan under Taliban rule as the most restrictive environment for women globally, with some labeling the situation as "gender apartheid." The ICC judges noted that the brutal policies adopted have resulted in grave human rights violations, including murder, torture, and forced disappearances, targeting not only women but the entire population. This action by the ICC represents a pivotal moment in the pursuit of accountability for gender-based violence on a global scale.