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Jurist UN establishes investigative mechanism on Afghanistan human rights situation

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Dadparvar

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Nov 11, 2016
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A UN expert welcomed on Tuesday the decision by consensus to establish an independent investigative mechanism for Afghanistan during the 48th session of the UN Human Rights Council. The decision also extends and supports the mandate of the special rapporteur on the situation of human rights in Afghanistan.

The special rapporteur, Richard Bennet, stated, “The establishment of this new mechanism marks a significant milestone in the pursuit of truth, justice, and accountability for the people of Afghanistan”. The mechanism should help the collection of evidence of serious crimes and rights violations, as a decisive step to criminal prosecution of international crimes.

The European Union introduced the resolution, which was co-sponsored by 50 countries. Ambassador Lotte Knudsen, the head of the EU Delegation to the UN in Geneva, claimed the resolution responds to the concerns recently expressed by the high commissioner for human rights regarding human rights violations in Afghanistan, including the alarming situation of women, minorities, human rights defenders, and journalists. This resolution also follows the call of 107 rights organizations to establish an international mechanism to hold Afghanistan accountable.

Bennet stated:

The creation of the Independent Investigative Mechanism will complement the important work of the International Criminal Court and should be matched by a firm and continued commitment to pursue accountability through all available avenues. Accountability is an essential part of building a future for Afghanistan rooted in justice, equality, and the rule of law
The ICC prosecutor commenced investigations into the Afghanistan situation in 2020. These investigations resumed in 2022, and two years later, Afghanistan was referred to the ICC for investigation into women’s rights by several states. In February 2025, the Taliban rejected the jurisdiction of the ICC, calling the accession to the Rome Statute void. Despite this, in July 2025, the Office of the Prosecutor of the ICC issued two arrest warrants against Haibatullah Akhundzada, the supreme leader of the Taliban, and Abdul Hakim Haqqani, the chief justice of the Taliban.

The two arrest warrants were issued in light of reasonable grounds to believe that both leaders are responsible for the crime against humanity of persecution on gender grounds under article 7(1)(h) of the Rome Statute. Bennet explained that states shall support the codification of gender apartheid as an international crime to ensure justice and accountability.

UN High Commissioner for Human Rights Volker Türk recently released the annual report on the situation of Afghanistan (A/HRC/60/23). This report highlighted the ongoing humanitarian crisis in Afghanistan, together with the undisputed targeting of women and girls. Experts concluded there is an ongoing gender persecution against women and girls, finding that they are excluded from education and employment opportunities as authorities introduce decrees to push women out of public life and discourse. The rights of women not to be discriminated against based on gender are enshrined in the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which Afghanistan ratified in 2003.

The post UN establishes investigative mechanism on Afghanistan human rights situation appeared first on JURIST - News.

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