By Meta Mehran
Ever since the Taliban retook control of Afghanistan in 2021 with promises that — this time — they would be more moderate, they have played a deceitful game.
The Taliban government has introduced one decree after another, incrementally stripping away the rights of women and girls to education, employment, justice, freedom of speech and movement, and it has progressively criminalized their existence outside the home. Taliban leaders reached a new low last month when they published rules that, among other restrictions, make it illegal for a woman’s voice to be heard by male strangers in public.
Each new tightening of the screw has sparked international condemnation — but no real consequences for the Taliban. The mullahs merely wait for the outrage to subside before further entrenching their misogynist rule, undeterred by criticism, the threat of repercussions for violating international laws or even the risk of losing badly needed humanitarian aid.
But a potential new international treaty covering the prevention and punishment of crimes against humanity may finally provide the world with more legal and diplomatic leverage — and a new way to hold the Taliban to account for the repression they have unleashed upon millions of women in Afghanistan. This is an opportunity that cannot be wasted.
In October, a U.N. General Assembly legal committee will meet to decide whether the treaty should move forward to the stage of formal negotiations. The effort to create a better tool for prosecuting crimes against humanity has gained momentum because of growing alarm over conflicts in places such as Myanmar, Ukraine and Gaza, and the treaty includes a proposal to criminalize “gender apartheid.”
Fueled by the Taliban’s actions, the notion of making persons and states that enforce gender apartheid liable for criminal prosecution has gained global traction. Last October, I joined nearly 100 prominent organizations, jurists and individuals, including the Nobel laureate Malala Yousafzai, Hillary Clinton and Gloria Steinem, in signing a legal brief that defines gender apartheid as the institutionalized, systematic subjugation of one gender. The brief urges U.N. member states to codify it as a crime against humanity in the proposed treaty. Many countries have indicated support for the proposal.
There is no better way to describe what Afghanistan’s women face than gender apartheid. Over the past three years, the Taliban have issued dozens of edicts curtailing or eliminating the basic rights of women and girls, while abolishing laws and agencies that were dedicated to protecting those rights. The former Ministry of Women’s Affairs, for example, was disbanded by the Taliban and its building handed over to a reinstated Ministry for the Propagation of Virtue and the Prevention of Vice, which enforces the current government’s hard-line interpretation of Shariah law.
Today, even when a woman is accompanied outdoors by a male relative as required by law, judgments on the legality of her dress, behavior — and now even her voice — are at the total discretion of the Taliban’s ever-present morality enforcers. If one of them deems that a violation has occurred, a woman can be taken into custody, where many have reportedly been subjected to torture and rape. Afghanistan’s women now suffer from one of the world’s highest rates of gender-based violence, according to the United Nations. Women who complain about such violence have been sent to prison.
Women are now effectively confined at home and to the only roles deemed by the mullahs to be appropriate for them: caregiving and childbearing. Since men can be punished by the Taliban if their female family members break the rules, women are, in practice, under the strict control of their own male relatives. All of this is counterproductive for the nation: By banning women from working outside the home, including as aid workers, the Taliban are harming the country’s economy and compounding its severe humanitarian crisis.
The codification of gender apartheid in international law will of course not automatically eliminate the crime, and bringing perpetrators to account will not be easy. But it’s an important first step toward providing victims and the global community with legal pathways to hold violators responsible and to deter other governments from committing the same crimes.
Beyond the legal aspect, international recognition of gender apartheid as a crime against humanity would have great moral power. The global condemnation of South Africa’s former apartheid regime galvanized political, legal and social resistance efforts that ultimately contributed to that system’s demise and later resulted in racial apartheid being classified as a crime against humanity by the International Criminal Court.
There is still much work to be done. If the U.N. committee agrees to move the treaty to the next phase, a range of legal and other issues will have to be worked out, including the potential inclusion of gender apartheid as a crime, and the treaty would need to be ratified internationally.
Several countries already have expressed in previous committee meetings their openness to codifying gender apartheid as a crime against humanity. For this to become a legal reality, many more nations will need to step up and join in solidarity with the women of Afghanistan, particularly those countries that claim to be leaders on women’s rights or have female heads of state.
