Jurist Afghanistan referred to ICC for investigation into women’s rights abuses

[Dadparvar]

The governments of the Republic of Chile, the Republic of Costa Rica, the Kingdom of Spain, the French Republic, Luxembourg, and Mexico referred Afghanistan for further investigation to the International Criminal Court (ICC) on Thursday for violation of women’s rights in Afghanistan. In a press release, the Chilean Monitory of Foreign Affairs said:

Today, the governments of the Republic of Chile, the Republic of Costa Rica, the Kingdom of Spain, the French Republic, the Grand Duchy of Luxembourg and the United Mexican States have submitted a referral of the Situation in the Islamic Republic of Afghanistan to the Prosecutor’s Office of the International Criminal Court, considering the worsening conditions and the seriousness of the situation for all Afghan women and girls.

Since it appears that one or more crimes have been committed within the jurisdiction of the Court, the aforementioned States Parties have requested the prosecutor to consider the crimes committed against women and girls after the Taliban took power in 2021, within their investigation into the Situation in the Islamic Republic of Afghanistan, with the purpose of determining whether one or more specific persons should be charged with the commission of those crimes, which would have taken place on or after May 1, 2003.

The ICC investigation into Afghanistan, which began in 2020 and resumed in 2022 following a brief suspension, is now being urged to prioritize crimes against Afghan women and girls. These crimes, under the ICC’s jurisdiction, are crucial for establishing accountability and prosecuting those responsible.

This comes as the United Nations Gender Accountability and Justice Conference convened global leaders, policymakers, and advocates in Geneva Thursday, to address the pressing need for justice and accountability for Afghan women and girls enduring systematic oppression. The event, organized by the Women’s Forum on Afghanistan alongside the Permanent Missions of Chile and Spain, spotlighted the severe violations of women’s rights in Afghanistan and emphasized a global response to these issues.

This comes as Richard Bennett the UN Special Rapporteur on Afghanistan, advocated an ‘all tools approach‘ in his August report to the Human Rights Council, “that combines accountability and increased documentation with greater support, participation and protection for the people of Afghanistan”.

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