Persecution of Women and Girls in Afghanistan, Crimes Against Humanity?

30-11-2022

Amanda Benoy

Middle East Researcher

Global Human Rights Defence

On 25 November 2022, UN-appointed human rights experts proposed that the deprivation of fundamental rights of women and girls in Afghanistan amount to crimes against humanity. They further asserted that the conduct sanctioned by decrees issued by the Taliban de facto authorities should be investigated as gender persecution with the aim to prosecute under international law. The experts comprised members of the Working Group on discrimination against women and girls, in addition to five Special Rapporteurs, including the Special Rapporteur on the situation of human rights in Afghanistan. 

Article 7 of the Rome Statute, to which Afghanistan is Party, establishes crimes against humanity as one of the four core crimes under the jurisdiction of the International Criminal Court. Gender persecution is one of the twelve recognized acts that must be committed in connection with a widespread or systematic attack targeting a civilian population in accordance with State or organizational policy. The perpetrator must have knowledge of the attack and must intend for the conduct to severely deprive one or more persons in the targeted group of their fundamental rights.

In the collective case of women and girls in Afghanistan, decrees issued by the Taliban de facto authorities have restricted women’s freedom of movement and association, and denied women access to education, healthcare, and employment. These directives have systematically institutionalized the severe and intentional persecution of women and girls. Moreover, the justice system has been dismantled, disproportionately impacting women’s rights to a fair trial and effective remedy. Although the International Criminal Court operates with respect to the principle of complementarity - in which it serves to complement, rather than replace, national criminal justice mechanisms - the national justice system in Afghanistan has failed to demonstrate an intent to carry out genuine proceedings.

Sources and further reading:

‘Afghanistan: Latest Taliban Treatment of Women and Girls may be Crime Against Humanity’ (United Nations Human Rights Office of the High Commissioner, 25 November 2022) <https://www.ohchr.org/en/statements/2022/11/afghanistan-latest-taliban-treatment-women-and-girls-may-be-crime-against> accessed 28 November 2022.

‘Elements of Crimes’ (ICC, 2011) <https://www.refworld.org/docid/4ff5dd7d2.html> accessed 28 November, p. 5, 10.

Rome Statute of the International Criminal Court (adopted 17 July 1998, entered into force 1 July 2002) Treaty Series, vol. 2187, art 7.