GS Paper - II
Canada, Australia, Germany, and the Netherlands on 25 September 2024, decided to take Taliban to the International Court of Justice (ICJ) over gender discrimination, marking the first time the court in The Hague has been used for such a case.
Why this move?
- This move, announced at the UN General Assembly, could open pathways for countries to engage diplomatically with the Afghan leadership while holding them accountable for human rights violations.
- The case is being brought under the Convention on the Elimination of All Forms of Discrimination Against Women, which was adopted by the UN in 1979 and enforced in 1981.
- Afghanistan ratified this convention in 2003, prior to the Taliban’s takeover in 2021.
- This unprecedented legal action gives Afghanistan six months to respond before the ICJ is expected to hold a hearing and potentially recommend provisional measures.
- Advocates believe that even if the Taliban disregard the court’s authority, a ruling from the ICJ could discourage other countries from normalising diplomatic ties with the Afghan regime. Signatories to the ICJ are generally bound to follow its rulings.
- There has been increasing concerns over reports that some UN talks with the Taliban have excluded women’s rights from the agenda in a bid to secure the group’s participation.
- However, this litigation is supported by three female foreign ministers: Penny Wong of Australia, Annalena Baerbock of Germany, and Mélanie Joly of Canada. Dutch Foreign Minister Caspar Veldkamp has also endorsed the initiative.
- In a recent act of defiance, Afghan women have launched an online campaign singing in protest after the Taliban decreed that women could no longer speak in public.
- This is part of a broader crackdown, with new rules forbidding women from leaving home without being fully covered and banning them from singing or raising their voices in public.
