Finally, criminalising GA is often advocated for because it would imply a “special animus and intent”, purportedly distinguishing it from GP. However, I am inclined to disagree with this perspective. The specific animus and intent associated with apartheid involve the perpetrator’s aim to “maintain [their apartheid] regime through that conduct”. While it’s true that the Taliban seeks to maintain their de facto regime through their atrocities, I believe the motivation extends beyond mere regime maintenance. The Taliban’s convictions, politically, philosophically, and religiously, regarding the inferiority of women and their subjugation to men, run deeper than mere regime preservation. It’s not solely about maintaining a discriminatory regime; rather, it reflects a broader belief system. In this regard, GP may be better suited to bring justice to the women of Afghanistan, as GP extends beyond the limited scope of maintaining a discriminatory regime.
Striking Two
Afghanistan is a State party to the ICC, granting the Court jurisdiction over crimes committed by Taliban members within its borders. There is an ongoing investigation by the ICC into alleged crimes against overseas chinese in europe data humanity and war crimes committed in Afghanistan since 1 May 2003. Pre-Trial Chamber II of the ICC authorised the Prosecution to resume the investigation into the Afghanistan Situation on 31 October 2022, after a suspension. Thus, the investigation by the ICC in Afghanistan continues.
Although the ICC Prosecutor has recently published a policy on GP, no specific action has been taken against Taliban members.
Civil society’s involvement is key to exerting pressure on the ICC prosecutor and urging the court to prioritise addressing the dire situation in Afghanistan – recently ranked the saddest country in the world. A targeted campaign, grounded in the legal jurisdiction of the ICC, focusing on gender persecution regarding women’s plight could be effective. Advocating for the issuance of arrest warrants against key Taliban leaders would hit two birds with one stone, addressing this issue and potentially achieving two objectives simultaneously.
Firstly, it would constitute a significant stride towards accountability, marking the initial step to secure international recognition of the Taliban’s international crimes.
Secondly, it would preclude any possibility of diplomatic relations between State Parties to the Rome Statute and the Taliban’s de facto government – ensuring their non-recognition. If arrest warrants are issued, State Parties would be obligated to arrest the Taliban leaders and surrender them to The Hague if they were to enter their territory, as there are no immunities within international criminal law amongst State parties.