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ICC Prosecutor Welcomes Referral of Afghanistan Women’s Rights Abuse Case to the Court

KABUL, AFGHANISTAN – Karim A.A. Khan, the International Criminal Court (ICC) prosecutor, has welcomed the referral of a case concerning violations of women’s rights in Afghanistan, submitted to the court by six state parties on Thursday.

In a statement, the ICC prosecutor said that Chile, Costa Rica, Spain, France, Luxembourg, and Mexico have requested his office to investigate crimes committed against women and girls in Afghanistan following the Taliban’s takeover in 2021. This request aligns with the ongoing ICC investigation into the situation in Afghanistan, authorized by the Appeals Chamber in 2020.

“I welcome the referring State Parties’ determination to draw attention to these crimes and the Office’s investigation,” the ICC prosecutor said, adding that his office has already been examining the alleged crimes detailed in this referral.

The referral underscores international concern over the deteriorating human rights situation for Afghan women and girls under Taliban rule. Since taking power, the Taliban have systematically suppressed women’s rights, including denying them access to education, employment, and public life—acts that may constitute crimes against humanity, specifically persecution on gender grounds.

The ICC has been investigating alleged crimes in Afghanistan since 2003, when the country became a State Party to the Rome Statute. In 2020, the Afghan government requested a deferral of the investigation, asserting its capacity to conduct domestic inquiries. However, following the Taliban’s takeover, the Prosecution sought to resume its investigation in 2021, citing the absence of credible national efforts. The ICC’s Pre-Trial Chamber II eventually authorized the resumption, emphasizing Afghanistan’s failure to carry out genuine proceedings or pursue its deferral request.

Prosecutor Khan emphasized that his office has made “considerable progress” in investigating allegations of gender persecution in Afghanistan. He assured that “concrete results” from the investigation would be announced soon.

“This reflects my Office’s broader commitment to pursuing accountability for gender-based crimes, including the crime against humanity of persecution on gender grounds,” Khan said. He also expressed gratitude for the support and cooperation from various stakeholders and called for continued collaboration to advance the investigation.

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