Taliban could face Hague tribunal for their treatment of women and girls

Australia, Canada, Germany, and The Netherlands have announced their intention to initiate legal proceedings against the Taliban government of Afghanistan for its egregious violations of women's rights .

The announcement was made in New York, and the case could potentially be heard at the International Court of Justice in The Hague. Since the Taliban's return to power in August 2021, women and girls in Afghanistan have faced severe restrictions, including being barred from public spaces, education, and participating in cultural life. The United Nations has condemned these gender-based restrictions as " gender apartheid ."

The legal action, spearheaded by Germany, will argue that Afghanistan is violating the Convention on the Elimination of All Forms of Discrimination against Women, to which it is a party.

Australian foreign minister Penny Wong, speaking to reporters during the UN General Assembly in New York, stated, "We know the women and girls of Afghanistan are effectively being erased from public life by the various edicts the Taliban have issued."

She further emphasized, "The Taliban have demonstrated their contempt for human rights and fundamental freedoms of women and girls," and "they have engaged in a campaign of sustained and systematic oppression." Wong described the legal push as "unprecedented."

Over 20 countries have released a statement in New York supporting the legal action taken by Australia, Canada, Germany, and The Netherlands against Afghanistan, citing the Taliban's "ongoing gross and systematic violation" of the convention that prohibits discrimination against women.

Wong urged the Taliban government to engage in negotiations as outlined by the convention. If these negotiations do not succeed, the convention allows any party to request arbitration.

Should the involved countries be unable to reach an agreement on organizing arbitration within six months, any party can take the matter to the International Court of Justice.

Although the ICJ cannot directly enforce its decisions, a ruling against the Taliban could significantly increase diplomatic pressure on the government to address the dire situation faced by women and girls in Afghanistan.