The following article was published in the March 2026 special issue of the International Review of Contemporary Law, the journal of the IADL, marking International Women’s Day.
The People’s Tribunal for Women of Afghanistan: From Vision to Judgment
Introduction
The quest for accountability in Afghanistan has often been stifled by geopolitical shifts and the silencing of local voices. However, a new paradigm of justice is emerging; one that does not wait for permission from traditional international courts. “The People’s Tribunal for Women of Afghanistan: The Process of a Vision Transforming to a Verdict” explores the evolution of a grassroots survivor-centered movement designed to give a voice to the millions of Afghan women currently living under an unprecedented regime of suppression and persecution based on gender.
This introduction traces the arc of this initiative from the initial spark of an idea in the minds of activists to the issuance of a verdict that demands global recognition. It sets the stage for a discussion on whether a “People’s Verdict” can bridge the gap between international silence and the urgent cry for justice on the ground.
What began as a conceptual response to the systemic erasure of women’s rights has rapidly solidified into a formal, evidence-driven process. This tribunal was not merely a symbolic gathering, but a rigorous assembly of legal experts, activists, and survivors aimed at documenting violations that the current global political climate often overlooks.
Key themes explored in this journey include the power of testimony by moving beyond statistics to center the lived experiences of Afghan women as primary legal evidence; challenging impunity by establishing a moral and legal framework to hold perpetrators accountable when formal state institutions fail; and the legitimacy of people’s tribunals by examining how non-state justice mechanisms can influence international law and the development of peremptory human rights norms.
This paper will briefly explain how the idea of a people-led and owned process turned into a judgment that calls for an end to the crime of silence on the situation of women and girls in Afghanistan.
The Emergence of the Idea of Conducting a Peoples’ Tribunal for Women of Afghanistan
Following the Taliban takeover in August 2021, the accountability of perpetrators of international crimes and human rights violations, particularly against women and girls, has returned to the forefront of domestic and international debate.
Given the slow pace of International Criminal Court (ICC) proceedings regarding Afghanistan, there is an urgent need for a people-led and victim-centered accountability initiative. Consequently, Rawadari, an Afghan human rights organization registered in exile with strong networks inside Afghanistan, began extensive internal research and discussions regarding the use of accountability measures centering survivors. A People’s Tribunal was a very appealing idea as it would give agency back to the Afghan human rights movement and did not require permission or political support of governments to materialize.
These discussions identified two potential paths:
- Establishing a specific tribunal dedicated to addressing the issues facing women and girls in Afghanistan.
- Conducting a session before the Permanent Peoples’ Tribunal with a specific focus on gender persecution in Afghanistan.
Following internal discussions and consultations with activists involved in other People’s Tribunals, such as organizers of the Aban Tribunal, the Uyghur Tribunal, and others, Rawadari concluded that it needs to form a coalition and approach the Permanent Peoples’ Tribunal. Following Rawadari’s initial outreach to 6 organizations, in December 2024, four Afghan civil society organizations, Rawadari, Afghanistan Human Rights and Democracy Organization (AHRDO), Organization for Policy Research and Development Studies (DROPS), and Human Rights Defender Plus (HRD+), hereinafter referred to as the ‘ROs’, submitted a formal request to the Permanent Peoples’ Tribunal (PPT) to conduct a Tribunal on Gender Persecution in Afghanistan. On February 3, 2025, the PPT confirmed that the RO’s request/case has been approved and included on the PPT agenda for 2025.
Pre-hearings Phase
Following the approval of the request by the Permanent Peoples’ Tribunal (PPT), the Requesting Organizations (ROs) were responsible for operationalizing the tribunal in accordance with PPT procedures and guidelines.
The remaining activities centered on two primary objectives: the preparation of the indictment and the management of the hearing sessions. To hold the tribunal, the following steps were required:
- Awareness Raising, Consultation, and Expectation Management
A critical component of this stage involved consultations with individuals both inside and outside Afghanistan, with a particular focus on women and girls. As one of the requesting organizations, Rawadari conducted a series of these consultations across various regions of the country.
Given the general lack of awareness about the nature and mandate of the tribunal and the frustration caused by delays in official tribunal proceedings, many stakeholders held specific expectations that the tribunal could not fulfill. Consequently, managing these expectations was essential. A key step in this process was avoiding promises that could create false hope. Explaining the non-binding nature of the tribunal’s judgment proved to be an effective approach to managing these expectations appropriately.
- Bringing the Prosecutors on Board
Based on the PPT guidelines and procedures for preparing indictments and bringing charges against perpetrators, a prosecutorial team was selected.
There were initially two competing proposals regarding the composition of the team: one suggesting a mixed team of Afghan and international experts, and another advocating for a team composed entirely of Afghan professionals. Because the charges were brought on behalf of the people of Afghanistan and the necessary expertise was available locally, the latter proposal was accepted.
Consequently, a group of four Afghan experts was selected to serve as prosecutors for the tribunal, chosen for their specific expertise in legal and gender issues.
- Preparing the Indictment
As part of the procedures, an indictment, containing criminal charges and legal arguments, was required to be prepared and submitted to the PPT Secretariat two months before the hearing sessions. The prosecutors’ first task was to prepare the indictment based on the available documents and reliable evidence in close consultation with the Afghan and international legal experts.
The indictment was composed of criminal charges and legal arguments against the Taliban high-ranking officials in an individual capacity and against the Taliban as a collective. The criminal charges were filed against 10 of the Taliban high-ranking officials who are alleged to have perpetrated the crimes against humanity of gender persecution under article 7(1)(h) of the Rome Statute of the ICC. The charges were also filed against them for perpetration of other inhumane acts under article 7(1)(k) of the Rome Statute.
On the legal arguments, the prosecutorial team also brought charges against the State of Afghanistan under the Taliban’s de facto control, concerning Afghanistan’s ongoing obligations under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), the Convention Against Discrimination in Education (CADE), the Convention on the Political Rights of Women (CPRW), the Convention on the Rights of the Child (CRC), the Convention against Torture and other Cruel, Inhumane, Degrading Treatment or Punishment (CAT), and the Convention on the Rights of Persons with Disabilities (CRPD).
During the preparation of the indictment, prosecutors conducted an extensive consultation with civil society organizations and human rights groups. The document was submitted to the PPT Secretariat on August 1, 2025.
- Bringing the Judges on Board
The judges of the tribunal were appointed by the PPT Secretariat based on their individual expertise regarding the topics detailed in the indictment. To ensure impartiality, the panel was primarily composed of non-Afghan nationals, except one judge included to provide a specific country context.
The final panel consisted of nationals from Afghanistan, Egypt, India, Italy, South Africa, Spain, and the United States/Egypt, with the South African judge serving as the presiding member. The judges brought a diverse range of professional backgrounds to the tribunal, spanning the legal, gender studies, and journalistic fields.
- Identifying and Preparing the Witnesses
One of the most challenging aspects of the tribunal’s work was securing witness participation, primarily due to significant security concerns. These risks initially prompted organizers to avoid calling witnesses from within the country. However, recognizing the vital importance of these perspectives, the tribunal ultimately decided to include them while exercising the utmost caution.
Prosecutors interviewed over 100 witnesses and developed a final list of witnesses to testify. The prosecutors considered several factors including the number of days dedicated to the hearing; security concerns of the witnesses for themselves or their family members; ensuring that the testimonies covered the breadth of violations and were not all focused on one or two violations; regional and ethnic diversity in Afghanistan; ensuring inclusion of women with disabilities; and balancing the number of testimonies from inside with those testifying from outside Afghanistan. Ultimately, 24 witnesses testified: eight from within Afghanistan and 16 from abroad. Of these, 10 testified in person, nine via video or audio, and five provided written testimony.
The participation of these witnesses was a moving testimony to the bravery of Afghan women. By speaking openly about their experiences, they broke long-standing taboos and set a powerful precedent, demonstrating a readiness to address injustices that were previously met with silence in Afghan society.
- Selection of the Venue for the Hearings
The selection of the venue for this event was a critical consideration for the organizers, particularly regarding strategic cooperation, public buy-in, and the overall impact on the tribunal’s outcomes.
The initial intent was to hold the hearing sessions in a Muslim-majority country to directly challenge the Taliban’s claims that their actions align with Islamic Sharia. However, after further assessment, it became clear that there was limited time to ensure outreach, secure a host institution, and obtain visas.
Consequently, the organizers sought a host country with a proven record of defending fundamental human rights and a strong stance on the human rights situation in Afghanistan, as well as other instances such as Palestine. Based on these criteria, Spain was identified as the ideal location. Spain offered strong support from both its government and civil society, ensuring that the sessions had a significant impact from a human rights perspective.
The Hearings
The tribunal hearing sessions took place in Madrid on October 8th and 9th, 2025, followed by the judicial panel’s preliminary statement on October 10th.
The two-day proceedings consisted of seven thematic sessions. The first day featured three sessions focused primarily on the criminal aspects of the indictment and relevant charges. The second day included four sessions regarding Afghanistan’s state obligations under international treaties.
Over the course of the hearings, 24 witnesses testified, eight on the first day and 16 on the second. Their testimonies provided an unprecedented record of the atrocities and harm committed by the Taliban in Afghanistan. The sessions concluded with an intervention by a woman Islamic scholar from Indonesia, who emphasized that the reported treatment of women and girls by the Taliban has no basis in Islamic teachings.
The Taliban were informed of the proceedings via established communication channels and invited to exercise their right to a defence. However, they chose not to respond or attend. The PPT Secretariat formally communicated this absence to the judges and the audience on the first day of the hearings.
Live Streaming of the Hearing Sessions and the Security Concerns
The tribunal’s hearing sessions were live-streamed on its YouTube channel and various Afghan TV channels. While live-streaming was essential for the visibility of the proceedings, it posed significant risks to the organizers and witnesses.
To prioritize the safety and security of all participants, organizers offered witnesses the opportunity to use any cautionary measures they deemed necessary. Consequently, most witnesses testifying via video and audio requested that their faces be blurred and their voices altered to remain unrecognizable. Additionally, several in-person witnesses chose to have their faces hidden and their voices changed.
The Preliminary Statement of the Judicial Panel
As part of the proceedings, the judicial panel issued a preliminary statement on October 10, 2025. This statement was intended to assure the women and girls who testified that their voices have been heard.
The panel considered all the evidence submitted by the prosecutors and the testimonies provided by witnesses in its judgment, which was issued on December 11 in The Hague.
Post-hearing Phase
Following the hearing sessions, the judicial panel spent nearly two months assessing the evidence and testimonies to ensure the final verdict was comprehensive and addressed the tribunal’s expectations.
The judgment session was held in The Hague on December 11, 2025. In addition to the issuance of the verdict, the session included endorsing interventions from United Nations representatives, subject matter experts, and Islamic scholars.
The Judgment
The tribunal’s judgment stands as a unique document in the recent history of conflicts in Afghanistan, specifically addressing accountability and justice for Afghan women.
On the charges, the Tribunal concluded that the Taliban’s actions constitute crimes against humanity, specifically gender persecution under Article 7 of the ICC Rome Statute. The ruling established that the Taliban’s systemic campaign of edicts and violence represents an egregious violation of international law for which they bear criminal responsibility. Furthermore, the Tribunal held that the Taliban have committed other inhumane acts causing serious physical and mental injury to women and girls.
The Tribunal also analyzed whether “gender apartheid” qualifies as a crime against humanity under “other inhumane acts.” While the Panel of Judges recognized that the situation in Afghanistan constitutes an institutionalized regime of gender-based segregation and domination, it determined that current international law restricts the codified definition of apartheid to racial discrimination. Consequently, it cannot be prosecuted as such at this time. However, the Tribunal noted that to effectively prevent and punish this conduct, the crime should be recognized through international jurisprudence or codified in future international instruments.
The Tribunal determined that Afghanistan, under de facto Taliban control, is violating its international obligations by depriving women and girls of fundamental rights, including the rights to life, liberty, education, work, health, and freedom of expression, movement, and assembly. These actions specifically contravene several binding treaties, including CEDAW, ICCPR, ICESCR, CADE, CPRW, CRC, CAT, and CRPD, with particularly severe impacts on individuals with disabilities. The Tribunal noted that these systemic violations carry intergenerational consequences and risk normalizing such impunity globally. Furthermore, based on expert testimony, the Panel rejected claims that these restrictions are mandated by Islamic law, finding the Taliban’s interpretation of Sharia to be misrepresenting, politicized, and in clear contradiction with the established jurisprudence regarding women’s rights in Islam.
In response to the Taliban’s violations of International Criminal Law and the State of Afghanistan’s breaches of International Human Rights Law, the PTWA calls for the following immediate actions:
- The Taliban must repeal discriminatory decrees and restore women’s fundamental rights.
- The international community should recognize the Taliban’s conduct as gender persecution and crimes against humanity, maintaining non-recognition of their authority, absent measurable compliance with women’s rights.
- The OIC, Islamic nations, and scholars must collectively declare the Taliban’s restrictions on women contrary to Sharia.
- The UN must ensure the independent investigative mechanism for Afghanistan is swiftly operational, and along with Member States, support codifying gender apartheid as a crime against humanity.
- The ICC should expedite investigations into gender-based crimes against humanity, with State Parties cooperating on arrest warrants.
- Australia, Canada, Germany, and the Netherlands must advance CEDAW proceedings before the ICJ transparently.
- International accountability mechanisms, including universal jurisdiction, must be activated.
- Afghan women must be included as key participants in all accountability processes.
- Humanitarian and development support should be provided directly to the Afghan people without engaging the Taliban administration.
- Protection and support for Afghan human rights defenders must be prioritized.
The Way Forward
The issuance of the tribunal’s judgment marks the end of the formal process, but it signals the beginning of new advocacy efforts utilizing the verdict.
This judgment serves as a vital tool for all women and girls acting as agents of change for Afghanistan. We must now disseminate the various components of the verdict and its relevant recommendations to policymakers, academics, and the public globally. Our goal is to raise awareness of the current situation and align international support with the ongoing struggle for dignity and justice.
Conclusions
Ultimately, the People’s Tribunal for Women of Afghanistan represents more than a collection of testimonies; it is a reclamation of agency in a world that has largely looked away. By transforming the “silencing of local voices” into a structured, evidence-based verdict, this initiative proves that the pursuit of justice is not a gift bestowed by states but a right exercised by the people. The transition from vision to verdict rested on three interrelated pillars: moral authority, legal innovation, and a call for action.
First, it drew on moral authority to fill the vacuum left by international institutions through the weight of documented truth. Second, it advanced legal innovation by utilizing the “power of testimony” to redefine what constitutes evidence in contexts of systemic gender-based persecution. Finally, it moved beyond documentation to articulate a framework for action that the international community can no longer ignore.
This tribunal demonstrates that while traditional courts may be stalled by geopolitical friction, the legitimacy of the people remains a potent force. The resulting judgment is not just a document of historical record, but a living demand for accountability. It bridges the gap between the “urgent cry for justice” and the global stage, ensuring that the erasure of Afghan women is met with a permanent, undeniable, and legally rigorous refusal and action.
Rawadari Organisation
Rawadari is an Afghan human rights organisation that aims to deepen and grow the human rights culture of Afghanistan, ultimately reducing the suffering of all Afghans, especially women and girls.
Rawadari helps build an Afghan human rights movement, monitors human rights violations, and pursues justice and accountability for violations. Rawadari works with individuals and collectives inside and outside Afghanistan
All articles published in the International Review of Contemporary Law reflect only the position of their author and not the position of the journal, nor of the International Association of Democratic Lawyers.