THE HAGUE — The International Criminal Court (ICC) has received a formal referral from six State Parties — Chile, Costa Rica, Spain, France, Luxembourg, and Mexico — urging the investigation of crimes against women and girls in Afghanistan since the Taliban’s return to power in 2021, ICC Prosecutor Karim A. A. Khan KC announced on Thursday.
In their referral, the nations expressed grave concerns about the deteriorating human rights conditions in Afghanistan, particularly for women and girls, and requested that these alleged crimes be examined as part of the ICC’s ongoing investigation into the situation in the country.
“This reflects my Office’s broader commitment to pursuing accountability for gender-based crimes, including the crime against humanity of persecution on gender grounds,” Khan said in a statement.
The ICC investigation into Afghanistan was first authorized in March 2020, after years of preliminary examination into alleged crimes committed in the region since May 1, 2003. The probe has expanded to include allegations of systematic discrimination and persecution of women and girls, crimes linked to the armed conflict, and offenses committed on the territory of other ICC member states.
The investigation faced delays following challenges from Afghanistan’s previous government but was resumed in October 2022. Khan emphasized that the Office of the Prosecutor has since made “very considerable progress” in investigating gender-based crimes and expressed confidence that tangible results will be announced soon.
While specific details of the investigation remain confidential, Khan commended the referral as an important show of international determination to address atrocities in Afghanistan. He also highlighted the necessity of cooperation and resources from ICC member states to ensure accountability.
“I applaud the courage and determination of all who have supported us and continue to cooperate with us in the conduct of this investigation,” Khan said.
The ICC’s focus on gender persecution aligns with its broader mission to address crimes under the Rome Statute, which allows member states to refer cases where crimes within the ICC’s jurisdiction appear to have been committed, the statement said.
The statement comes ahead of the ICC Assembly of States Parties meeting next week, where member states are expected to discuss ongoing investigations and resources needed for accountability efforts.
