Gender apartheid as an emerging topic in international law: accountability of the Taliban before the International Court of Justice

Abstract

This thesis focuses on the emerging topic and possible codification of gender apartheid as a crime under international law. To explore this topic, the background of the movement for establishment of gender apartheid regarding the women’s rights’ situation under the Taliban’s rule and the possible impacts of the establishment of such a crime under international law are examined. Overall, the thesis is focused on finding the best way to define gender apartheid. This thesis finds numerous ways to define gender apartheid under international law, such as under the UN Draft Crimes Against Humanity Convention and the Rome Statute. Additionally, it is determined that there would be several legal, political and social impacts on international law due to the establishment of gender apartheid as a crime.