The Netherlands wants to prosecute Afghanistan for Taliban violations of women’s rights

The Netherlands, Germany, Canada and Australia will go to the International Court of Justice (ICJ) if the Taliban does not improve compliance with women’s rights in Afghanistan within six months. The foreign ministers of these countries announced at the General Assembly of the United Nations in New York. This was the first time a country was taken to court for discrimination against women.

The Ministry of Foreign Affairs confirms to NOS that Afghanistan has been responsible. This means that the Netherlands and the other three countries believe that there is enough evidence that those in power have not kept to a contract with the UN.

According to the ICJ’s standard procedure, the regime now has six months to improve women’s rights. If that does not happen, the Netherlands can propose to hear the case before the Permanent Court of Arbitration (PHA). The Afghan regime may agree to this, although experts believe this is unlikely. In that case, the case will be referred to the International Court of Justice in The Hague.

According to international law, Afghanistan must guarantee women’s rights. The country ratified the UN Women’s Convention in 2003, long before the Taliban regained power in 2021.

The question is whether the Taliban will care to be held accountable. André Nollkaemper, a professor of international law, believes that it is very unlikely that the regime will respond to such a request for arbitration. “The Taliban have not yet given any indication that they intend to enter the international legal game.”

In that case, the case will go to the International Court of Justice. “They ultimately provide a substantive conclusion: has Afghanistan violated women’s rights or not?” Nollkaemper explains.

According to the professor, a statement like this – if it comes to pass – could add something to the position of women in the country. “It would be a very authoritarian statement, which could lead to other countries putting more pressure on those in power in Afghanistan. It is a very isolated system, but they also need diplomatic relations. This could lead to more external pressure to position them as women.”

In recent years, a small number of countries have sought rapprochement with the Taliban. For example, China and Russia concluded an oil deal with the regime.

A decision could also affect the views of international organizations active in Afghanistan, Nollkaemper believes. The UN has recently been criticized for negotiating with the Taliban without women participating. That was a request from the Taliban. “It is possible that the UN will implement a stricter policy in this regard and refer to such a statement,” Nollkaemper said.

Since the Taliban took power in Afghanistan, women’s rights have been rapidly curtailed. When they took over, the Taliban promised to be more moderate than when they were in power in the 1990s, but in practice that is not the case. little came of it.

Women will be like that from now on publicly stoned they are accused of adultery and girls are banned from getting an education beyond primary school. In addition, parks and gyms are banned, and women are only allowed to go out with their faces covered and accompanied by a male family member.