On March 4, 2025, the German Federal government convened a civil society consultation to discuss Afghanistan’s obligations under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). This consultation was part of broader international efforts to hold the Taliban accountable for severe violations of women’s rights.
In September 2024, four applicant countries – Australia, Canada, Germany, and the Netherlands – launched a landmark initiative to pursue legal proceedings against Afghanistan at the International Court of Justice (ICJ).
In her opening remarks on March 4, German Foreign Minister Annalena Baerbock expressed deep disappointment over the Taliban’s restrictions on Afghan women. “The Taliban are building a social dungeon for Afghan women and girls,” she said.
Baerbock emphasized the significance of consultation with Afghan women to understand the violation of women rights. She also noted that bringing a CEDAW case could be a milestone for demanding women’s rights not just in Afghanistan but also worldwide, as no state has been sued for violating the convention since its inception.
Bringing the CEDAW case against Afghanistan under the de facto Taliban authorities highlights the dire situation of women in the country. The Taliban’s rule has subjected Afghan women to one of the most extreme systems of oppression in modern history. Women and girls have been banned from education beyond sixth grade, prohibited from working, and barred from traveling without a male guardian. Public spaces are increasingly inaccessible, and acts of protest are met with brutal repression. This persecution has devastated Afghan women economically and psychologically.
In a recent report on the situation of human rights in Afghanistan, U.N. Special Rapporteur Richard Bennett noted progress in international accountability, including International Criminal Court arrest warrant requests and the initiative under the CEDAW Convention that may lead to a case before the ICJ. These steps are crucial in holding perpetrators accountable and seeking justice for Afghan victims. Resorting to international accountability and justice mechanisms is the only avenue currently left for Afghan women. No legal remedies for justice and accountability are available under the Taliban regime, which has waged a gender apartheid.
Last August, the Taliban adopted so-called virtue and vice laws, based on which women’s voices have been forbidden from public.
Soon after, I set up an organization – Her Voice International – to amplify the voices of Afghan women. During one of our consultations, a woman prosecutor named Tahmina, who prefers to be known by a pseudonym, told me that being confined to her home and unable to work has severely impacted her mental well-being, her children, and her household life in every way.
Her three daughters, on the verge of graduating from university, now spend their days counting the moments until they can return to their education, find employment, and support their family. Tahmina expressed deep sadness not only for her daughters but also for her two sons. Due to the financial burden caused by her inability to work – along with her husband and daughters – her sons have been forced onto the streets to work. She emphasized that the strict restrictions on women and the stripping of their basic human rights have not only affected women but have also brought immense suffering to the male members of her family.
In comparing her life before the Taliban, she recalled when she used to work as a prosecutor, not only contributing toward her family and enjoying her professional status, but also helping women to seek legal remedies for the violation of their rights either in public or private life. As of today, she is under the Taliban’s gender apartheid policies and suffers from domestic violence and systematic violence from the regime. She also fears Taliban retaliation, as she worked under the previous government.
Yet, despite it all, her resolve is steadfast, and she finds ways to resist the Taliban. She is determined to help other girls and her community.
As other issues occupy headlines, the discussion on Afghanistan and women’s rights appears globally muted. But the consultation hosted by the German government with Afghan women activists sheds light on the fact that the world is still watching the Taliban’s atrocities and attempts are being made to hold them accountable under international law.
Justice and accountability are the only way to achieve peace for Afghans who, for more than 40 years, have suffered from perpetual conflict.
Political and Diplomatic Implications of the Case
While the direct enforcement of international accountability mechanisms, particularly of an ICJ judgment, is weak, it is important to understand the broader implications.
Unlike domestic courts, the ICJ lacks a policing mechanism to enforce its rulings. Compliance with international law is largely voluntary, and the Taliban are unlikely to adhere to an adverse ruling. In addition, major powers may prioritize strategic interests over enforcement, potentially weakening global efforts to hold the Taliban accountable. Furthermore, political divisions and the veto power of permanent Security Council members can hinder enforcement through the U.N. However, despite all these challenges, in essence, triggering international legal instruments is a powerful tool that could have detrimental political, diplomatic, and legal implications for Afghanistan’s de facto rulers.
While the ICJ case is not a criminal proceeding like those under the International Criminal Court (ICC), it carries significant political, diplomatic, and legal weight. The ICJ’s jurisdiction over Afghanistan was established through the country’s ratification of CEDAW and its acceptance of Article 29, which grants the court authority over disputes related to the treaty.
A ruling against the Taliban could yield several important outcomes.
This case would provide official recognition of the Taliban’s systemic gender discrimination and persecution, reinforcing the global legal framework against discrimination and setting a precedent for similar cases.
An ICJ ruling would strengthen the international community’s position in negotiations concerning Afghanistan’s political future, particularly under frameworks like UNSCR 2721, which conditions Afghanistan’s integration into the global system on adherence to international obligations. For instance, the ruling would elevate Afghanistan’s treatment of women as a key issue within the U.N. Security Council, potentially prompting sanctions, travel bans, or other diplomatic actions.
The future of Afghanistan will be influenced by the growing number of madrassas, deteriorating Pakistan-Taliban relations, ongoing conflicts in the Middle East and Ukraine, and the escalating economic rivalry between China and the United States. However, the ICJ judgment could also deter countries from normalizing their relationships with the Taliban, fearing that they may be viewed as aiding in the violation of international law. For instance, if countries consider normalizing relations with the Taliban, they will face greater scrutiny, as engagement with a regime officially condemned for gender persecution could damage their international standing.
An ICJ case and the court judgment would also strengthen the Afghan women’s movement. It would provide a legal foundation for advocacy, bolstering the efforts of civil society organizations, journalists, and human rights groups fighting for Afghan women’s rights.
On the issue of asylum and humanitarian protections, the decision could facilitate asylum claims for Afghan women, as it would establish legal recognition of the persecution they face, making it easier for them to seek refuge abroad.
Furthermore, this case could also play a role in documentation for future prosecutions. For instance, it could establish an official record of Taliban abuses, serving as evidence for future legal proceedings, including potential ICC cases for gender persecution or the recognition of gender apartheid as a crime under international law.
A Defining Moment for Women’s Rights Advocacy
While an ICJ case may not immediately change conditions on the ground in Afghanistan, it carries profound symbolic, political, and legal weight. The case signals a shift in international legal discourse, highlighting gender persecution as a severe violation of human rights and reinforcing the principle that impunity for such crimes is unacceptable.
As the international community gathered in Germany for the civil society consultation, I, as a participant of this historic gathering of the Afghan women’s movement, remain hopeful. Despite the slow pace and the weak direct implications, there is a powerful bigger picture. These moments of gathering and working with other partners must remind us that the fight for Afghan women’s rights is not just about one country – it is a global issue with ramifications for how the world responds to such systematic gender-based oppression in the future, everywhere.
