Afghanistan’s Taliban government is facing potential legal action at the International Court of Justice (ICJ) over its treatment of women and girls, with several countries accusing it of systematic human rights violations. Australia, Canada, Germany, and the Netherlands have initiated proceedings, aiming to hold the Taliban accountable for violating the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), to which Afghanistan is a signatory.
Australian Foreign Minister Penny Wong, speaking at the United Nations General Assembly in New York, condemned the Taliban’s actions, describing them as a “campaign of sustained and systematic oppression” against women and girls. Wong called the legal effort, spearheaded by Germany, “unprecedented” and urged Afghanistan to engage in negotiations as required by CEDAW.
If negotiations fail, the next step would involve arbitration, but if parties cannot agree on this within six months, the case can be escalated to the ICJ in The Hague. While ICJ rulings are legally binding, the court lacks enforcement mechanisms.
Since regaining power in Afghanistan in August 2021, following the withdrawal of U.S.-led forces, the Taliban have imposed a harsh interpretation of Islamic law. This has led to severe restrictions on women and girls, barring them from universities, public parks, and other public spaces—measures the United Nations has labelled as “gender apartheid.”
Penny Wong emphasized that Afghan women and girls are being erased from public life, echoing sentiments expressed by U.S. actress Meryl Streep, who spoke out against the Taliban’s policies at an event in New York. Streep remarked that “a squirrel has more rights than a girl in Afghanistan today.”
More than 20 nations have expressed support for the legal action, citing Afghanistan’s “gross and systematic violation” of women’s rights under international law. While the ICJ’s decisions are binding, the Taliban government has not indicated any willingness to cooperate with the international community on this matter.
