Afghanistan’s Taliban rulers have turned the judicial system into a tool of oppression against women and girls, amounting to “crimes against humanity,” according to UN human rights investigator Richard Bennett. In a report to the UN General Assembly, Bennett detailed how the Taliban, since seizing power in 2021, dismantled legal protections for women, suspending the 2004 constitution and a key law criminalizing 22 forms of violence, including rape and forced marriage.

The Taliban replaced all judges from the prior U.S.-backed government, including 270 women, with men who enforce extreme Islamic edicts, lacking legal training. Law enforcement and investigative agencies were also purged of former officials, consolidating Taliban control. Bennett, appointed by the UN Human Rights Council, conducted over 110 interviews with Afghans, as the Taliban denied him a visa to visit Afghanistan.

The Taliban’s restrictions are severe: women and girls are barred from education beyond sixth grade, most jobs, and public spaces like parks and gyms. New laws prohibit women’s voices and uncovered faces outside the home. Bennett noted the absence of women judges, prosecutors, or registered female lawyers, leaving women with few safe ways to report abuse. The lack of female police officers further discourages reporting of violence and discrimination.

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The Taliban’s claim of implementing Sharia law is contested by Islamic scholars, who argue it deviates from Islamic teachings and is unmatched in other Muslim-majority countries. Women face hostile courts that often dismiss complaints, especially on divorce, custody, or gender-based violence. Requirements for a male relative to accompany women to court create additional barriers, particularly for widows and displaced women.

With formal justice inaccessible, women turn to male-dominated traditional councils like jirgas and shuras, which often fail to protect their rights. Bennett highlighted the dismantling of juvenile courts and rehabilitation centers, further eroding protections for girls.

Internationally, the Taliban face isolation, recognized only by Russia. Bennett urged global action, citing the International Criminal Court’s January 23 request for arrest warrants against two Taliban leaders for gender-based persecution. He also called for countries to support bringing Afghanistan before the International Court of Justice for violating women’s rights conventions.

The Taliban did not respond to Bennett’s report or requests for information on ensuring justice for women and girls.

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