Amnesty International defended this Friday the investigation of the restrictions and repression of women’s rights in Afghanistan as possible crimes under international law, in a report released this Friday.
The document “The Taliban’s War on Women: The Crime Against Humanity of Gender Persecution in Afghanistan” was produced by the non-governmental organization (NGO) Amnesty International (AI) and the International Commission of Jurists.
The report provides a detailed legal analysis of how the Taliban’s restrictions on the rights of women and girls in Afghanistan, along with unlawful arrests, enforced disappearances, torture and other ill-treatment, can amount to crimes against humanity of gender-based persecution under Article 7(1). )(h) of the Rome Statute of the International Criminal Court (ICC).
Amnesty International and the International Commission of Jurists believe that ICC prosecutors should include the crime against humanity of gender-based persecution in their ongoing investigation into the situation in Afghanistan.
The organizations also call on other states to exercise universal jurisdiction or other legal means to bring Taliban members suspected of crimes under international law to justice.
The report covers the period from August 2021 to January 2023 and bases its analysis on a growing body of evidence compiled by reliable sources such as Amnesty International’s “Death in Slow Motion” (2022) report, civil society organizations and authorities. from the ONU.
The document also provides a legal assessment of why women and girls fleeing persecution in Afghanistan are considered refugees in need of international protection.
Since the Taliban takeover of Afghanistan in August 2021, women have been barred from political office and most public sector jobs.
Through a series of measures, women and girls were also excluded from education, limiting them to primary education, preventing them from continuing their university studies and further restricting their professional opportunities.
Between December and April, women were prohibited from working for non-governmental organizations and the United Nations, further evidence of gender discrimination. Women are forced to stay at home, with rare exceptions, and must comply with a strict dress code, among other highly restrictive measures established by the Taliban authorities.
According to AI and the International Commission of Jurists, the discriminatory restrictions that the Taliban have imposed on women violate human rights and the guarantees established in numerous international treaties to which Afghanistan is a signatory.
According to the two organizations, the numerous incidents – which resulted in arbitrary arrests, torture and other ill-treatment of women and girls who participated in peaceful protests or were accused of alleged “crimes against morality” – should also be investigated as possible crimes against humanity for illegal detention, enforced disappearance and torture under article 7 of the Rome Statute.
According to the two organizations, at the 54th session of the UN Human Rights Council, which takes place in October, it is necessary to renew and strengthen the mandate of the UN Special Rapporteur on the situation of human rights in Afghanistan.
According to AI and the Commission, urgent steps must be taken to establish an independent international accountability mechanism to investigate crimes under international law and other serious violations of human rights, as well as to collect and preserve evidence of such violations in order to support future accountability efforts, including prosecution in fair trials.
Source: TSF
