The International Criminal Court (ICC) has received a referral from six State Parties concerning the severe deterioration of human rights in Afghanistan, particularly the plight of women and girls under Taliban rule. The referral, submitted on 28 November 2024, comes from Chile, Costa Rica, Spain, France, Luxembourg, and Mexico.
In their referral, the six nations expressed grave concern over systematic crimes committed against Afghan women and girls since the Taliban takeover in 2021. They have requested that these violations be incorporated into the ICC’s ongoing investigation into Afghanistan’s situation, which was initiated to address crimes within the Court’s jurisdiction.
According to ICC Prosecutor Karim A.A. Khan KC, the Office has been actively investigating alleged crimes committed on Afghan territory since 2003, including gender-based persecution and discrimination. The scope of this investigation also extends to crimes connected to the conflict in Afghanistan that occurred in other Rome Statute States Parties since 2002.
The ICC investigation into Afghanistan’s human rights situation began in 2017, with the formal judicial authorization granted in 2020. However, a deferral followed due to an admissibility challenge by Afghanistan’s former government. In October 2022, the ICC was granted permission to resume the investigation, focusing on systematic persecution, including gender-based crimes.
Prosecutor Khan emphasized that considerable progress has been made in addressing allegations of gender-based persecution. “I am confident that I will soon be in a position to announce concrete results,” he stated, reaffirming the ICC’s commitment to ensuring accountability for gender-based crimes and other violations of international law.
With the Assembly of States Parties to the Rome Statute set to convene next week, Prosecutor Khan underscored the need for cooperation and resources from States Parties to advance the investigation. He welcomed the courage of those who continue to support the ICC’s efforts, emphasizing the importance of confidentiality in ongoing investigative work.
Khan also encouraged individuals and entities with relevant information to submit it via OTPLink, the ICC’s secure platform for receiving evidence and submissions.
This development reflects the growing international concern about Afghanistan’s deteriorating human rights landscape. Women and girls in Afghanistan have faced systematic persecution, including being denied education, employment, and basic freedoms, since the Taliban returned to power in 2021.
