Afghanistan

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EJIL: The Podcast! Episode 32: No Country for Women – Lawyering for Gender Justice in Afghanistan

Since returning to power in 2021, the Taliban has sought to reverse Afghan women’s hard-won progress toward gender equality. Through dozens of decrees, policies, and statements, it has targeted the autonomy and rights of women and girls, barring them from public life and severely restricting their basic freedoms. Yet, Afghan women have refused to accept their political, social, and economic erasure. Both inside the country and within the Afghan diaspora, they have protested the Taliban’s edicts in domestic and international fora, often at great personal peril.

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Beyond binaries: Gender-Based Persecution and LGBTQI+ Rights in the OTP’s Case Against Taliban Leaders

On 23 January 2025, the Office of the Prosecutor (OTP) before the International Criminal Court (ICC) filed two arrest warrants before the Pre-Trial Chamber II (PTC II), one for the Supreme Leader of the Taliban, Haibatullah Akhundzada, and the other for the Chief Justice of the “Islamic Emirate of Afghanistan”, Abdul Hakim Haqqani.

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Is the European Court of Justice (ECJ) ruling on granting asylum to Afghan women an implication of qualification of gender apartheid in Afghanistan?

Introduction From a feminist perspective, international law has frequently failed to adequately address gender issues, primarily due to the challenges posed by a male-centric discourse reflected in its organizational and normative structure. This limitation is particularly evident in refugee law, where gender-based persecution has long struggled to gain recognition as a ground on its…

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Representation of Afghanistan before the International Court of Justice

Introduction On 25 September 2024, on the sidelines of the UN General Assembly High-level meeting, Canada, Australia, Germany and the Netherlands announced that they would take formal steps against Afghanistan for numerous violations by the Taliban of the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). The next day, 22…

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Beyond Individual Persecution: European Court’s Constitutionalism in Afghan Women’s Asylum Case

On 4th October, the Third Chamber of the European Court of Justice in AH & FN v. Federal Office for Immigration and Asylum held that ‘gender’ and ‘nationality’ alone are sufficient grounds for a country to grant asylum to Afghan women. The ECJ also classified the discriminatory policies imposed by the Taliban regime against Afghan women as…

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