From as early as 1980, Afghanistan signed the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), a decisive step in protecting women’s rights to equality, notably in education. Additionally, since 1994, Afghanistan has been a signatory to the International Covenant on Civil and Political Rights (ICCPR), which explicitly includes rights such as education, privacy, and the right to life. Notably, Afghanistan is also a party to the Universal Declaration on Human Rights (UDHR).
After the withdrawal of American troops from Afghanistan in August 2021, the Taliban launched their offensive, marking their return to power after being ousted in 2001. In August 2021, they seized control of the capital, leading to the collapse of the government
Since the Taliban takeover, the situation for women has rapidly deteriorated, with ongoing escalations. In August 2021, women were instructed to remain at home. By September 2021, they were prohibited from pursuing secondary education. These restrictions on education increased in October 2021 to prohibit women from studying specific subjects deemed “too challenging overseas chinese in europe data for women”. By December 2022, women were barred from accessing higher education and prohibited from working with NGOs. Subsequently, they have been restricted from, inter alia, accessing healthcare without a male guardian, obtaining driving licences, using public transportation unaccompanied by a male, and accessing parks and various public facilities.
raise an important question: how can we ensure accountability for the de facto Taliban regime and deliver justice? This question is not as straightforward as it may seem, partially due to the (absolutely justified and encouraged) absence of international recognition of the Taliban de facto regime.
The objective of this article is to focus on the appropriate pathways for accountability, specifically discussing the legal foundations for seeking international accountability. I will focus on two main possibilities: first, the individual criminal responsibility of Taliban members for their commission of international crimes against humanity targeting women, drawing upon the framework of international criminal law, the Rome Statute, and the jurisdiction of the International Criminal Court; second, the international responsibility of States that support and enable the Taliban de facto regime in their persecution of women, as addressed by the Ljubljana Convention and the regime of the International Court of Justice.
Legal Avenues for Accountability: Gender Persecution and “Gender Apartheid”<