Gender Persecution and Gender Apartheid in Afghanistan: Seeking the Appropriate Legal Basis for International Accountability (April 10, 2024)

Since the Taliban regained power in Afghanistan after the US troop withdrawal in 2021, the situation for women has dramatically worsened, with severe restrictions on their rights and freedoms, including education, work, healthcare, and mobility. This article explores avenues for holding the Taliban accountable for their actions, focusing on legal frameworks such as the Rome Statute and the Ljubljana Convention. It discusses the concept of "gender apartheid" and its potential inclusion in international conventions to address the systematic persecution of women. However, it raises concerns about the effectiveness of this approach compared to utilizing existing legal mechanisms like gender persecution. The article also suggests leveraging the jurisdiction of the International Criminal Court to issue arrest warrants against Taliban leaders, both to pursue accountability and prevent international recognition of their regime.