Photo by *rboed*
In a historic move, four countries — Canada, Germany, Australia, and the Netherlands — are taking the Taliban to the International Court of Justice (ICJ) over their severe violations of women’s and girls’ rights in Afghanistan. The announcement at the UN General Assembly marks a significant international response to what many are calling “Gender Apartheid,” a term used to describe the systemic exclusion and oppression of women and girls by the Taliban since their return to power in August 2021.
The case against the Taliban has been filed under the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), a landmark international treaty adopted by the UN General Assembly in 1979 and enforced in 1981. Afghanistan ratified CEDAW in 2003, making this legal action not only justified but long overdue given the Taliban’s egregious violations of women’s and girls’ human rights for three years.
The filing also marks a historic first: it is the first time one country takes another to the International Court of Justice (ICJ) in The Hague for its violations of CEDAW and gender persecution.
Afghanistan would have six months to present its defense before formal hearings begin, putting intense pressure on the Taliban regime. The outcome could set a powerful precedent for future gender-based human rights cases, reinforcing international law as a mechanism to fight discrimination and persecution against women and girls globally.
The case holds Afghanistan accountable as a state party under international law and does not confer legitimacy on the Taliban. Regardless of which group is in power, the state remains responsible for upholding its international obligations, including compliance with treaties and conventions like CEDAW.
Hope and Justice for Afghan Women and Girls
Afghan women see this as a critical step toward global recognition of Gender Apartheid, an enforced system of severe violations of their rights and freedoms. Over the past three years, Afghan women have faced a near-total erasure from public life. The Taliban has issued over 100 edicts, barring women and girls from seeking education, employment, and participation in any political and social spheres of life. The news of the ICJ case against the Taliban highlights these violations of the Taliban and applies international legal pressure to hold the Taliban accountable.
Afghan women understand that while the case may not lead to immediate changes in the Taliban’s brutal treatment of women and girls, it represents a significant legal and symbolic victory. It sets a critical precedent for holding oppressive regimes accountable for gender-based persecution. By taking Afghanistan under the Taliban regime to the Court, it may also deter future governments or groups from normalizing relations or engaging diplomatically with the Taliban.
Women’s rights groups are also hopeful that this move could inspire more coordinated international efforts in solidarity with Afghan women, empowering them to continue their fight for human rights and freedoms.
The Case Challenges the Taliban Recognition
The Taliban regime has long sought recognition from international bodies to engage diplomatically, access aid, and strengthen its position, but a ruling against them could hinder these aspirations. While they claim “victory” and that they are the rightful rulers of Afghanistan, the case against them at the ICJ underscores their human rights violations. It further isolates them from the global community.
The case could also discourage countries or organizations that have considered engaging with the Taliban from moving forward, fearing diplomatic and legal consequences. While the ICJ does not have the power to enforce direct actions, its rulings can influence international sanctions and foreign relations, all of which could affect the Taliban’s standing and all of which the Taliban has been working hard to achieve.
European Parliament Adopted Resolution
The case by the four countries follows the European Parliament’s adoption of a landmark resolution on September 19, which passed with overwhelming support—565 votes in favor, 8 against, and 43 abstentions. The resolution highlighted the rapid deterioration of “conditions for Afghan women and girls,” particularly under the new Promotion of Virtue and Prevention of Vice law. The resolution signaled a strong support from Europe, reinforcing the need for accountability and international action against the Taliban’s persecution of Afghan women and girls.
The Broader Impact
This case sets an important precedent for using international legal frameworks to address gender-based human rights violations. It also opens up the possibility of other countries or international organizations joining the effort, further increasing the pressure on the Taliban. Since the initial announcement by the four nations, some 20 additional countries have expressed their support, signaling a growing global consensus against the Taliban’s oppressive policies. If successful, the ICJ case could serve as a blueprint for addressing Gender Apartheid or similar policies in other countries, underscoring the importance of the existing legal systems and accountability in the fight against systemic discrimination and oppression.
The case represents a significant victory for Afghan women and human rights advocates worldwide. While this is an important and welcome step, it also serves as a stark reminder that the international community must use every available tool to hold the Taliban accountable. The fight is far from over, but this legal move is a crucial step in challenging the Taliban’s inhumane actions and their efforts in seeking legitimacy globally.
As the case unfolds, human rights advocates and all those affected will be watching closely to see whether the ICJ can provide a pathway for justice for Afghan women and girls and whether this unprecedented legal action can shape future responses to oppressive regimes.
