Experts discuss what to expect from a potential Afghanistan case at the International Court of Justice
On 19 May 2025, the Afghanistan Legal Research Network (ALRN) held its third symposium of 2025 on the Afghanistan dispute under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Legal scholars spoke to the substantive and procedural aspects of the prospective case against Afghanistan before the International Court of Justice (ICJ), offering both theoretical analyses and practical insights.
First, Sanga Sidiqi spoke to the procedure of the ICJ in relation to the alleged violation of CEDAW in the Afghanistan case. She explored challenges that the legal teams face, including a relative lack of support from the Islamic world, and concluded with recommendations for the teams, the international community, and other interested parties. Ms Siddiqi recommended that Muslim majority countries play a greater role in the debate on Islamic values and that the involved legal teams explore the differing views held by scholars and theologians in these countries, that the parties include Afghan women and civil society in all related decisions, and that there be an increase in the coordinated and standard-based documentation of violations of human rights.
Professor Rangita de Silva de Alwis then elucidated the substantive claims within CEDAW on which ICJ judges will be asked to rule, should the dispute lead to a case. Professor de Silva de Alwis took the audience through all 16 articles of the CEDAW, providing legal colour to the alleged derogation by the de facto authorities’ edicts. She further spoke to the way in which the CEDAW Committee has requested the Permanent Mission of the Islamic Republic of Afghanistan and other international organisations in Geneva to prepare a fourth periodic report for consideration at the Committee’s ninety-first session in June. While this report is typically a state party report, due to the current non-recognition of the Taliban de facto authorities as representing the State of Afghanistan, the Committee exceptionally requested submission by the aforementioned embassy and civil society representatives.
This symposium was part of a series hosted by the Foundation under the auspices of the Afghanistan Legal Research Network. The event concluded with a lively question-and-answer session, during which the two experts reiterated the way in which international law may adapt to address challenges that domestic legal systems are facing.