In a new joint letter, 107 organizations reiterated their call for the United Nations Human Rights Council to act where it has long failed and establish an independent investigative mechanism for Afghanistan to advance accountability for past and ongoing grave crimes.
The Taliban’s oppressive rule continues as they enter their fifth year in power, including their systematic assault on the rights of women and girls, which Human Rights Watch has called the crime against humanity of gender persecution, and UN experts have described as “gender apartheid.” Taliban authorities have also increasingly restricted civic space, committing arbitrary punishment and violent reprisals against anyone deemed a threat.
Afghan and international rights groups, including Human Rights Watch, the UN expert on human rights in Afghanistan, and the UN Human Rights Office have all emphasized the need for further action to address the entrenched impunity at the heart of the crisis. The UN expert warned earlier this year that “the international community’s failure to hold the Taliban accountable has emboldened them.”
A dedicated investigative mechanism – like those for Syria and Myanmar – would be a key tool in advancing accountability, ensuring evidence is collected and preserved for future prosecutions, identifying alleged perpetrators, and preparing case files to support proceedings before national and international courts.
It would be distinct from, but complementary to, the UN expert on Afghanistan, whose vital work –documenting and reporting on abuses, supporting civil society, and advocating for victims and survivors – is a lifeline that needs to continue.
Some countries have cited concerns about the mechanism’s scope or costs. But several cost-saving options exist, and momentum to establish the mechanism is growing. In March, a cross-regional group of countries joined the call urging for the mechanism’s creation, and earlier this month, 24 more UN human rights experts added their voice to the appeal.
In addition to increasing support for the International Criminal Court’s ongoing Afghanistan investigations, the European Union – “penholder” on Afghanistan at the Human Rights Council – has a crucial role to play for justice.
The EU has faced well-founded criticism over perceived double standards in its human rights policies. By putting forward a resolution to establish this mechanism, the bloc has a chance to demonstrate principled leadership and advance the prospect of justice for decades of egregious crimes in Afghanistan. It shouldn’t miss it.