Feasibility of the Role of the International Criminal Court in Addressing Gender Apartheid Against Women in Afghanistan

The political environment in Afghanistan, characterized by systemic discrimination against women and extreme misogyny, has led to discussions among experts and human rights activists regarding the recognition of gender apartheid in Afghanistan. The central question that arises and is explored in this regard is whether the International Criminal Court (ICC) can play a role in addressing gender apartheid against women in Afghanistan. In other words, can the ICC intervene in addressing gender apartheid against women in Afghanistan? This article is descriptive-analytical and examines the aforementioned question through library research methods. The findings suggest that the Rome Statute recognizes the jurisdiction of the Court over several crimes, including crimes against humanity. However, gender apartheid is neither recognized as a crime under international law nor does the ICC have the jurisdiction to address it as a crime against humanity. Gender apartheid, like racial apartheid, could be recognized as an international crime, especially a crime against humanity. In this context, it is necessary for gender apartheid to be added either as an optional protocol to existing conventions, such as the Convention on the Elimination of Racial Discrimination or the Convention on the Elimination of All Forms of Discrimination against Women, or to be developed as an independent protocol. This requires political will and the investment of political capital within the United Nations system.The political environment in Afghanistan, characterized by systemic discrimination against women and extreme misogyny, has led to discussions among experts and human rights activists regarding the recognition of gender apartheid in Afghanistan. The central question that arises and is explored in this regard is whether the International Criminal Court (ICC) can play a role in addressing gender apartheid against women in Afghanistan. In other words, can the ICC intervene in addressing gender apartheid against women in Afghanistan? This article is descriptive-analytical and examines the aforementioned question through library research methods. The findings suggest that the Rome Statute recognizes the jurisdiction of the Court over several crimes, including crimes against humanity. However, gender apartheid is neither recognized as a crime under international law nor does the ICC have the jurisdiction to address it as a crime against humanity. Gender apartheid, like racial apartheid, could be recognized as an international crime, especially a crime against humanity. In this context, it is necessary for gender apartheid to be added either as an optional protocol to existing conventions, such as the Convention on the Elimination of Racial Discrimination or the Convention on the Elimination of All Forms of Discrimination against Women, or to be developed as an independent protocol. This requires political will and the investment of political capital within the United Nations system.

کلیدواژه ها:

gender apartheid ، Taliban ، women ، gender discrimination ، crime against humanity