International attention has focused on the International Court of Justice (ICJ) in The Hague in recent weeks after the UN’s highest judicial body heard South Africa’s case.‘s The case alleges that Israel is in violation of the 1948 Gaza Genocide Convention. Although a decision on the merits is expected to take years, the court issued interim measures on January 26, including calling on Israel to prevent genocide against Palestinians in the Gaza Strip.
The case is one of several human rights-based complaints filed with the ICJ. One group that is being watched with great interest are Afghan women, both within the country and in the diaspora.
The ICJ is primarily responsible for resolving disputes between states over issues of international law. Some of the recent cases involve human rights. In November 2019, The Gambia filed a lawsuit under the Genocide Convention against Myanmar for alleged genocide against the Rohingya people. In June 2023, the Netherlands and Canada filed suit against Syria, accusing it of violating the United Nations Convention against Torture.
Since taking power in Afghanistan in August 2021, the Taliban has imposed brutal repression on women and girls, including their ability to study, work, live free from violence, receive medical care, and participate in public life. The rights of women and girls are violated in all aspects of their lives. You can move around freely or just take a walk in the park. These abuses continue to escalate and are a blatant violation of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which Afghanistan ratified in 2003. CEDAW allows states party to the treaty to bring ICJ disputes with other states. A party “with respect to the interpretation or application” of a treaty that has not been resolved by negotiation or arbitration.
Many governments around the world have condemned the Taliban’s all-out attack on the rights of women and girls. While the International Criminal Court investigates the Taliban’s atrocity crimes, the ICJ urges governments to express solidarity with Afghan women with other practical ways to bring the Taliban’s human rights abuses under judicial scrutiny. is suggesting. It could take steps such as the following, as shown in other recent cases: positive impact.
Afghan women and girls deserve their day in court against the Taliban, and the ICJ could play an important role. If just her one party to CEDAW supports it, it could become a reality.