Canada, Australia, Germany, and the Netherlands have initiated legal action against the Taliban at the International Court of Justice (ICJ) for gender discrimination, in an unprecedented move. Announced at the United Nations General Assembly, this is the first time a country has used the ICJ, based in The Hague, to address gender discrimination issues.
The case is being filed in International Court of Justice under the Convention on the Elimination of All Forms of Discrimination Against Women, adopted by the UN General Assembly in 1979 and enforced in 1981. Afghanistan ratified this convention in 2003, before the Taliban’s takeover in 2021.
This marks the first legal challenge of its kind since the Taliban seized control. Afghanistan will have six months to respond before the ICJ conducts a hearing and potentially issues provisional measures. Supporters argue that even if the Taliban disregards the court’s jurisdiction, an ICJ ruling could deter other states from establishing diplomatic ties with the regime. ICJ member states are expected to comply with its rulings.
There have been concerns that the UN’s discussions with the Taliban have excluded women’s rights in an effort to engage with the group. The case in International Court of Justice is championed by female foreign ministers, including Penny Wong of Australia, Annalena Baerbock of Germany, Mélanie Joly of Canada, and supported by Dutch foreign minister Caspar Veldkamp.
In the latest crackdown on women’s rights in Afghanistan, the Taliban have barred Afghan women from speaking in public, sparking an online protest campaign where Afghan women sing in defiance. Speaking at a UN event, actor Meryl Streep said, “A female cat has more freedom than a woman [in Afghanistan]. A cat may sit on her front stoop and feel the sun on her face… A bird may sing in Kabul, but a girl may not.” Streep’s remarks were made alongside Afghan activists and human rights defenders who urged the UN to act in defense of Afghan women and girls.
The countries bringing the case have expressed a willingness to negotiate with the Taliban to resolve gender discrimination, but they are prepared to pursue the matter in the ICJ if those efforts fail.
Last month, the Taliban released a new set of “vice and virtue” laws prohibiting women from leaving their homes without being fully covered, and from singing or speaking loudly in public. Afghan activist Asila Wardak emphasized that the system of gender apartheid imposed by the Taliban is not just an Afghan issue but part of the global fight against extremism. Akila Radhakrishnan, a strategic legal advisor at the Atlantic Council, noted that this case could not only deliver justice to Afghan women and girls but also set new precedents for gender justice worldwide.
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