On 28 November 2024, the Office of the Prosecutor of the International Criminal Court (ICC) received a referral concerning the Situation in the Islamic Republic of Afghanistan. Six States Parties to the Rome Statute—Chile, Costa Rica, Spain, France, Luxembourg, and Mexico—submitted the referral, highlighting the severe deterioration of human rights in Afghanistan, particularly for women and girls. The States Parties requested the ICC to consider crimes committed against women and girls following the Taliban takeover in 2021 as part of its ongoing investigation into Afghanistan.
Background of the Investigation
Under the Rome Statute, a State Party may refer a situation to the ICC Prosecutor when crimes under the Court’s jurisdiction appear to have been committed, seeking an investigation to identify individuals responsible. The referral underscores the escalating human rights violations in Afghanistan and calls for accountability through the ICC’s judicial processes.
The ICC’s investigation into Afghanistan began in 2017 when the Office of the Prosecutor sought judicial authorization to examine crimes committed on Afghan territory since 1 May 2003. The investigation also extended to crimes linked to Afghanistan’s armed conflict and committed on the territories of other States Parties since 1 July 2002. On 5 March 2020, the ICC’s Appeals Chamber authorized the commencement of this investigation.
Following a period of deferral due to an admissibility challenge by Afghanistan’s former government, the Pre-Trial Chamber II authorized the ICC to resume its investigation on 31 October 2022. Since then, the Office of the Prosecutor has conducted an independent, impartial, and robust investigation, with a focus on systematic discrimination and persecution of women and girls.
Emphasis on Gender-Based Crimes
The referral from the six States Parties aligns with the ICC’s commitment to addressing gender-based crimes, including the crime against humanity of persecution on gender grounds. The investigation into Afghanistan has already made substantial progress in examining allegations of gender persecution. Prosecutor Karim A.A. Khan KC expressed confidence that concrete results from this investigation would be announced soon.
The Prosecutor acknowledged the courage and determination of those who have supported and cooperated with the ICC’s investigation. He also reaffirmed the ICC’s broader mission to ensure accountability for crimes that profoundly affect the most vulnerable, especially women and girls in Afghanistan.
Call for Cooperation and Resources
As the Assembly of States Parties approaches, the Prosecutor reiterated the referral’s call for enhanced cooperation and resources to support the ICC’s work in Afghanistan. States Parties to the Rome Statute and other relevant actors are encouraged to provide the necessary support to advance the investigation and ensure justice for the victims.
The ICC’s Office of the Prosecutor remains open to receiving information about crimes committed under its jurisdiction. Submissions can be made securely via OTPLink, allowing individuals and entities to contribute to the investigation.
Commitment to Accountability
The referral from Chile, Costa Rica, Spain, France, Luxembourg, and Mexico highlights a collective determination to address the ongoing human rights crisis in Afghanistan. The ICC’s investigation stands as a proof to the international community’s resolve to confront crimes against humanity and uphold justice for the victims of systematic gender-based persecution. The ICC remains steadfast in its mission to pursue accountability and advance human rights, even in the most challenging circumstances.
More information: Situation in Afghanistan
