United Nations experts are urging member states to classify gender apartheid as a crime against humanity in the ongoing drafting of the treaty on the Prevention and Punishment of Crimes Against Humanity. This appeal underscores the dire situation in Afghanistan, where the Taliban’s oppressive measures against women have sparked international concern. The Working Group on discrimination against women and girls stresses the need for accountability on a global scale, advocating for the inclusion of gender apartheid in the new treaty. Their call is backed by Richard Bennett, the special rapporteur on Afghanistan’s human rights situation, who warns of the systematic deprivation women face under Taliban rule.
The term gender apartheid is being promoted as a necessary addition to the international legal framework to address the severe and institutionalized oppression observed in certain regimes. In May 2024, the UN working group recommended that gender apartheid be recognized as distinct from gender persecution, as current legal definitions of persecution do not fully capture the overarching and systematic nature of these violations. Despite explicit provisions for gender equality in most human rights treaties, discriminatory practices and regimes persist unabated, highlighting the need for robust international legal standards.
A similar appeal emerged from Human Rights Watch, which suggested in December 2025 that the draft treaty should incorporate provisions against gender apartheid, reproductive violence, and forced marriage. This initiative adds to the growing consensus, with ten states reportedly open to exploring this reform as of May 2024. The European Parliament has also expressed support for recognizing gender apartheid as a crime against humanity, condemning the Taliban’s actions toward women and girls.
Since the 2021 Taliban takeover, international organizations have documented numerous human rights abuses in Afghanistan. In 2023, Human Rights Watch argued that the Taliban’s systematic gender persecution constitutes a crime against humanity under the Rome Statute. This perspective aligns with a 2025 statement from 26 countries urging the Taliban to halt violations outlined in the UN Convention on the Elimination of All Forms of Discrimination against Women.
The UN International Law Commission acknowledged the prohibition of crimes against humanity as a peremptory norm in 2019, marking a pivotal advance in international law. The draft treaty on crimes against humanity signifies a critical effort in ensuring accountability, with articles such as draft article 7 establishing universal jurisdiction principles. This allows member states to prosecute individuals accused of crimes against humanity, irrespective of nationality or location of the crime, reflecting a concerted effort to address severe human rights violations globally. More details can be found in the original article on this topic.