Keynote by Ambassador Waissi at the Launch of the Universal Jurisdiction Handbook

Keynote Address by His Excellency Wahidullah Waissi, Ambassador of Afghanistan to Australia on the occasion of launching Handbook on Universal Jurisdiction: Holding the Taliban Accountable for International Crimes
Thursday 19 September
Monash University Law Chambers, Melbourne, Australia
Ladies and gentlemen, distinguished guests,
Thank you for the opportunity to speak on a matter that is not only urgent but fundamental to the future of justice and accountability for the people of Afghanistan.
Today, we gather to launch the Handbook on Universal Jurisdiction: Holding the Taliban Accountable for International Crimes—a resource that will guide us in understanding how the international community can step up when domestic legal systems fail.
At the outset, please allow me to express my gratitude to the Ham Diley Campaign and its Co-Founders, Azadah Raz Mohammad and Karin Frodé, for their outstanding work in producing this timely and necessary document.
The contributions made by Monash University, particularly Monash Law Clinics Melbourne team, and their invaluable support are commendable.
Before I begin my keynote remarks, I would like to take a moment to remember the targeted killing of 15 innocent civilian who were brutally taken from their cars and murdered.
This atrocity is part of the ongoing, systematic killing of the Hazara community—a genocide and a crime against humanity.
My deepest condolences go out to their families.
It is precisely these heinous acts that bring us together this evening, as we discuss how to hold the Taliban accountable for the crimes they continue to commit.
The Importance of Universal Jurisdiction (UJ) cannot be more emphasised:
Universal jurisdiction is a powerful legal principle that allows states to prosecute individuals for serious international crimes, such as genocide, war crimes, and crimes against humanity, regardless of where these crimes were committed, the nationality of the perpetrator, or the victim.
This principle holds particular importance for Afghanistan, where the rule of law has been systematically dismantled by the Taliban’s return to power in August 2021.
With no possibility of accountability within Afghanistan under Taliban rule, UJ offers a critical path forward. It empowers other nations to act when justice is otherwise inaccessible.
This handbook provides a roadmap for how we can use UJ to hold members of the Taliban accountable for the atrocities they have committed and continue to commit against innocent civilians, women, and minorities.
The Role of Treaty Bodies are crucial:
Alongside UJ, UN treaty bodies play a vital role in accountability efforts. As highlighted in recent discussions at the HRC57 event, treaty bodies like Convention on the Elimination of All Forms of Discrimination Against Women and the Human Rights Committee are key instruments in bringing attention to the systematic violations of human rights, particularly against women and girls in Afghanistan.
However, their role is complicated by legal and practical barriers, including Afghanistan’s limited acceptance of key international protocols.
There is a need, however, for an all-tools approach—combining legal mechanisms, public awareness campaigns, and civil society involvement to maximize the chances of holding the Taliban accountable.
The importance of engaging with treaty bodies like CEDAW to ensure that the voices of Afghan women and girls, who have suffered immensely under Taliban rule, are amplified.
Their rights must not be overlooked, and mechanisms like CEDAW can still play a role, even in this challenging context.
Challenges to Accountability:
There are, of course, numerous challenges in pursuing accountability through both Universal Jurisdiction and treaty bodies.
First, political considerations often hinder the exercise of UJ. Governments may hesitate to use UJ, fearing diplomatic fallout or the complexity of gathering reliable evidence from conflict zones like Afghanistan.
Additionally, without Afghanistan’s formal participation in key UN mechanisms, accessing justice through treaty bodies remains difficult.
The handbook brings together a good analytical set of study and a sharp set of UJ frameworks by comparing six countries, where accountability for atrocities in Afghanistan can be sought.
Additionally, more creative and collaborative solutions are essential. We must explore innovative ways to use Afghanistan’s fourth periodic CEDAW report as a platform to raise these critical issues at the international level, ensuring that targeted killings, violations of women’s and children’s rights, and the forced economic depression inflicted on the country are not forgotten."
The importance of international mechanisms and the need for better coordination between Geneva and New York-based UN bodies cannot be overstated. It is crucial to involve more Afghan scholars, activists, and civil society representatives to enhance the credibility and effectiveness of accountability efforts.
Success Stories and Hope:
Despite these hurdles, we have seen successes that should give us hope.
The recent conviction of a Syrian intelligence officer in Germany for crimes against humanity, prosecuted under Universal Jurisdiction, proves that accountability is possible when there is political will and judicial cooperation.
This case shows that even when domestic justice systems fail, international mechanisms can bring perpetrators to justice.
The Handbook on Universal Jurisdiction that we launch tonight is not just a legal guide; it is a beacon of hope for victim-survivors in Afghanistan.
It acknowledges that accountability is not a straightforward path, but it is achievable.
With the right strategies, coordinated action, and strong political will, we can ensure that those responsible for the heinous crimes in Afghanistan face justice.
A Call to Action:
Ladies and gentlemen, let me be clear: without accountability, there can be no justice.
This is why it is essential for the international community to step forward and use every available tool—whether through Universal Jurisdiction, UN treaty bodies, or regional diplomacy—to hold the Taliban accountable.
The stakes are too high to remain passive.
As we look to the future, we must also look to the next generation—those who will continue this fight for justice long after us.
This Handbook is a tool for them as much as it is for us.
It empowers victim-survivors and legal professionals alike to take meaningful steps towards justice.
Our Afghan diaspora community plays a pivotal role in taking critical steps toward justice, by advocating for Universal Jurisdiction to hold the Taliban accountable.
Being outside Afghanistan, we are uniquely positioned to raise awareness, document atrocities, and push for legal actions that are impossible within the country.
Our collective voice amplifies the call for accountability, ensuring that the suffering of our people is not forgotten and that justice is pursued on the global stage.
Through initiatives like this Handbook, the diaspora becomes a powerful force for truth and justice.
In closing, I urge everyone here today to support these efforts.
Let this launch be the beginning of renewed energy and commitment to pursuing justice for Afghanistan.
Let us continue to amplify the voices of Afghan women, children, and all those who have suffered under the Taliban’s regime.
The international community has a moral and legal obligation to ensure that these crimes do not go unpunished.
We owe it to the victims, to future generations, and to the principles of justice itself.
The Handbook begins with the timeless and eloquent words of Sa’adi, whose centuries-old poetry continues to inspire and guide us.
As I conclude my remarks, I would like to leave you with a verse from Hafez, another great poet of our heritage, whose words have always illuminated the path to enlightenment for generations:
رسید مژده که ایّام غم نخواهد ماند
چنان نماند چنین نیز هم نخواهد ماند
ز مهربانی جانان طمع مبر حافظ
که نقش جور و ستم نخواهد ماند
Arrived the glad tidings that grief's time, shall not remain
Like that joy's time remained not; like this grief's time, shall not remain
Hafiz sever not desire for the true Beloved's favour
For the picture of violence and the mark of tyranny, shall not remain
Thank you.
Last modified on Wednesday, 25/09/2024