Six countries have urged the Prosecutor of the International Criminal Court (ICC) to investigate the Taliban’s systematic and ongoing violations of women’s and girls’ rights in Afghanistan. Human rights activists assert that this move could heighten international pressure on the Taliban. The potential issuance of arrest warrants for Taliban leaders might severely restrict their diplomatic interactions, travel, and political legitimacy. They argue this step is crucial not only for achieving justice but also for further isolating the Taliban and dismantling their impunity. These activists emphasize that referring the case to the ICC allows the involved countries to amplify global awareness, intensify pressure on the court, and present the issue as a humanitarian and legal crisis through media and international organizations. Women’s rights activists view this action as a significant step toward recognizing gender apartheid in Afghanistan.
On Thursday, November 28, Chile’s Ministry of Foreign Affairs stated, “Given the deteriorating conditions and the critical situation of women and girls in Afghanistan, the matter has been referred to the International Criminal Court.” Chile, Costa Rica, Spain, France, Luxembourg, and Mexico have officially referred the case to the ICC, urging the Prosecutor to address the systematic violations of women’s and girls’ rights under the Taliban regime.
The ICC Prosecutor resumed investigations into Afghanistan in 2022, after they had been halted in 2020 at the request of the former Afghan government. The signatories of the referral have requested the ICC Prosecutor to prioritize the plight of women and girls, who have faced intensified violations since the Taliban seized power in 2021. They specifically urge the investigation to consider crimes committed against women during this period.
Karim Khan, the ICC Prosecutor, issued a statement welcoming the referral by the six countries. He confirmed that his office is actively investigating the situation in Afghanistan, including the crimes highlighted in the referral. “My office is conducting an independent, impartial, and comprehensive investigation into the alleged systematic discrimination and abuse of women and girls in Afghanistan,” he stated. He reaffirmed his commitment to pursuing accountability for gender-based crimes, including crimes against humanity, due to such abuses.
Khan expressed gratitude to the referring countries for drawing attention to these crimes and investigations. However, he emphasized the need for confidentiality regarding the investigation details. He also noted significant progress in the inquiry into gender-based abuses and expressed confidence that tangible results would be announced soon. The statement invited individuals to submit relevant information securely via OTPLink, a platform dedicated to facilitating cooperation with the ICC.
Khan pledged continued collaboration with stakeholders and vigilance regarding Afghanistan’s developments. He also announced plans to reiterate the referral at the upcoming Assembly of States Parties to the Rome Statute, seeking further cooperation and resources from member states.
Human rights activists and women’s rights advocates believe this referral could increase political and diplomatic pressure on the Taliban. If the ICC investigation establishes evidence of crimes committed by the Taliban against women, it could lead to additional sanctions and widespread international condemnation.
Farima Nawabi, a human rights researcher and former diplomat, told Hasht-e Subh Daily that referring the Taliban case to the ICC could challenge the group on multiple levels. She explained that the issuance of arrest warrants for Taliban leaders would likely impose severe restrictions on their movements and diplomatic engagements, isolating them further. Nawabi highlighted that the potential for arrests could disrupt the Taliban’s internal cohesion, deepen divisions, and weaken their leadership structure. She also noted that this referral sends a powerful message that the world is not ignoring human rights violations by the Taliban and is committed to dismantling their impunity.
Nawabi emphasized that cooperation from regional countries is crucial to facilitating the ICC’s access to Afghanistan. She called on the ICC judge to act decisively in issuing arrest warrants and advancing legal proceedings. Although the ICC’s judicial process is lengthy, she stressed its importance in achieving justice. Nawabi also encouraged the referring countries to use media and international forums to spotlight the issue as a global humanitarian crisis. She suggested they could collect evidence of Taliban crimes and use diplomacy to pressure the group’s supporters to cooperate. She also proposed facilitating the arrest and transfer of Taliban leaders to the ICC if they travel abroad.
Similarly, Sara Hakimi, a former diplomat, and women’s rights advocate, described the referral to the ICC as a significant step toward achieving justice and recognizing gender apartheid in Afghanistan. She acknowledged that while the initiative might not immediately alleviate women’s suffering, it is symbolically and practically essential. According to Hakimi, the move strengthens the global call for accountability and bolsters the legitimacy of sanctions and international pressure on the Taliban. However, she noted that international courts’ effectiveness depends on global cooperation, and the Taliban’s disregard for international norms could limit immediate outcomes.
Hakimi expressed hope that this decision would set a precedent for accountability and inspire solidarity among nations in supporting Afghan women. She urged coordinated international efforts to address the plight of Afghan women and empower them to fight for their rights.
Women’s rights activists have welcomed the referral, arguing that the Taliban have institutionalized gender apartheid in Afghanistan and must be held accountable under international law. Parwana Ibrahimkhel Najrabi, a women’s rights advocate, called the ICC referral a landmark step in restoring women’s rights and defending human rights in Afghanistan. She noted that Afghan women are enduring a regime of absolute oppression and apartheid, and justice can only be achieved with the international community’s support.
Recently, The Guardian, citing ZanTimes, reported that homeless women arrested by the Taliban for begging have revealed brutal sexual assaults and torture in detention. These women described being subjected to forced labor, witnessing the deaths of children, and enduring systematic abuse in Taliban prisons.
Australia, Canada, Germany, and the Netherlands had previously warned the Taliban to cease violations of women’s rights or face referral to the International Court of Justice (ICJ). Additionally, 22 other countries have expressed support for this initiative.
Currently, women in Afghanistan are denied basic rights, including education beyond the sixth grade, employment, travel, recreation, and political participation, under the Taliban’s decrees. They face domestic violence, early and forced marriages, and complete erasure from public life. These policies have resulted in widespread oppression, making justice for Afghan women a pressing global issue.
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