Taliban to Face International Court of Justice Over Treatment of Women

In a historic move, Canada, Australia, Germany, and the Netherlands have jointly initiated a legal case against the Taliban at the International Court of Justice (ICJ) for systemic gender discrimination in Afghanistan. This unprecedented move, announced during the United Nations General Assembly on September 25th, marks the first time a country will use the ICJ to bring another to court over gender-based human rights violations.

The case is rooted in the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), adopted by the UN General Assembly in 1979 and came into force in 1981. Afghanistan, before the Taliban’s takeover in 2021, ratified the Convention in 2003, committing to uphold women’s rights. However, since the Taliban regained control of the country, they have enacted a series of repressive laws and decrees that severely restrict the freedoms of women and girls, violating Afghanistan’s international obligations.

The ICJ, located in The Hague, has granted Afghanistan six months to respond to the allegations. If Afghanistan refuses or fails to provide an adequate response, the court will proceed to hold hearings and may impose provisional measures against the Taliban. While the Taliban government has shown little inclination to recognize the authority of the ICJ, supporters of the case argue that a court ruling could deter other states from engaging with or normalizing diplomatic ties with the regime.

“There is no peace in Afghanistan without the full participation of Afghan women,” said Australian Foreign Minister Penny Wong.

Wong, alongside German Foreign Minister Annalena Baerbock, Canadian Foreign Minister Mélanie Joly, and Dutch Foreign Minister Caspar Veldkamp, has been at the forefront of this effort. The three ministers have vocally advocated for justice on behalf of Afghan women and girls whose rights have been decimated under Taliban rule.

The litigation aims to force the Taliban to reverse policies that have banned Afghan women and girls from participating in public life, including restrictions on women speaking or showing their faces in public.

“Under the Taliban, Afghan women & girls have been silenced. The Taliban has consistently violated international law. We will not rest until justice prevails and they see freedom. We stand firm & unwavering in our support for the women and girls of Afghanistan,” wrote Canadian Foreign Minister Mélanie Joly on X.

In the three years since the Taliban took control of Afghanistan, women's rights have been taken away bit by bit. They are banned from most jobs, can't go to public parks, and girls are no longer allowed to attend high school or university. Recently, the Taliban introduced new rules saying women must fully cover themselves when leaving the house and are not allowed to sing or speak loudly in public.

At a UN side event earlier this week, actress Meryl Streep said: “A female cat has more freedom than a woman. A cat may go sit on her front stoop and feel the sun on her face. She may chase a squirrel into the park. A squirrel has more rights than a girl in Afghanistan today because the public parks have been closed to women and girls by the Taliban. A bird may sing in Kabul, but a girl may not.”

The legal case against the Taliban comes amid concerns that UN talks with the group have sidelined women’s rights to keep them at the table, which some advocates argue only strengthens the regime’s power.

Should the ICJ rule against the Taliban, the decision will set a legal precedent and potentially influence other regimes that oppress women.