Germany, the Netherlands, Australia, and Canada plan to sue the Taliban at the ICJ over women’s rights violations. While the case is important, it is not a cure-all and may distract from immediate actions needed to help Afghan women. The Taliban has obligations under international law, and the international community must also be accountable for its impact on gender equality in Afghanistan.
In 2023, Germany, the Netherlands, Australia, and Canada announced plans to file a complaint against the Taliban at the International Court of Justice (ICJ). This initiative addresses the ongoing repression of women’s rights in Afghanistan by invoking a little-used provision of the United Nations treaty focused on women’s rights. While this legal action is significant and aims to hold the Taliban accountable, it is not a comprehensive solution to the abuses faced by Afghan women.
The complaint is based on the inter-state jurisdictional clause of the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which allows disputes regarding the treaty to be settled through various legal avenues, ultimately leading to the ICJ. This reflects a growing trend wherein countries utilize human rights treaties to bring accountability to states, regardless of any direct injury incurred, as seen in the extensive recommendations from the U.N. Human Rights Council aimed at Afghanistan.
The situation unfolded against a complicated backdrop of international relations concerning the Taliban. A December resolution from the U.N. Security Council called for more engagement with the Taliban while stressing the importance of women’s full participation. However, during the U.N.’s third meeting in Doha, women were excluded at the Taliban’s insistence, seen as a betrayal of Afghan women’s rights and a significant step back in global commitments to gender issues amidst escalating Taliban crackdowns, including the closure of organizations that employ women.
Amidst these developments, a global campaign is underway to codify “gender apartheid” in international law, taking cues from Afghanistan’s situation. This campaign underscores the systematic discrimination faced by women under Taliban rule, which has resulted in calls to reframe existing humanitarian laws to address gender-based discrimination more effectively. Yet, some officials hesitate to use the term “gender apartheid” for fear it may necessitate severing ties with the Taliban.
The Taliban currently holds obligations under international law to protect the human rights of Afghan women, as the country is a party to several key human rights treaties. Furthermore, states interacting with Afghanistan are obligated to uphold their own human rights standards, which include scrutinizing actions that might influence the rights of Afghan women adversely. For instance, countries sending male-only delegations to meet with Taliban officials should be held accountable to their obligations concerning equality and non-discrimination.
Using CEDAW to assess the Taliban’s policies against women is strategically sound; the committee monitoring the treaty has previously ruled that cultural or religious reasons cannot undermine women’s rights. The Taliban’s tactics are overtly framed within a religious context that violates these standards. CEDAW establishes a solid framework addressing various forms of discrimination based on gender and mandates states to ensure protections, especially for those facing multiple layers of discrimination.
However, the challenge lies in how international interventions have historically leveraged women’s rights issues as political tools, potentially overshadowing the voices of Afghan women. As the ICJ case progresses, it becomes essential to prioritize local expertise and perspectives to ensure that Afghan women’s experiences and rights are at the forefront of any legal or humanitarian actions.
Significantly, while the international community prepares to pursue legal actions against the Taliban, immediate and meaningful assistance for women’s rights is critical. Governments and international organizations must evaluate their policies and ensure they do not contribute further to Afghan women’s suffering. Proactive measures, such as prioritizing women’s education and creating plans to mitigate the impact of lost opportunities since 2021, are crucial in the effort to support Afghan women effectively.
The proposed ICJ case against the Taliban for their treatment of Afghan women highlights an important legal avenue but is not a complete solution to the myriad issues at hand. The Taliban holds clear legal obligations under several international treaties, while the global community also has a duty to act against gender discrimination. Efforts to support Afghan women must focus on immediate actions and solutions alongside any legal proceedings, emphasizing genuine accountability and inclusion of Afghan women’s voices. It is critical that both national and international actors hold themselves responsible for the treatment of women in Afghanistan today, ensuring that their actions do not worsen the existing crisis.
Original Source: www.justsecurity.org
