Reverberating Impacts of Conflict on Child Mental Health

This article was authored by Samantha Holmes of Watchlist on Children and Armed Conflict.

Armed conflicts impact every facet of a child’s life. Although narratives of children in war are often reduced to counting numbers of children killed or injured, the reverberating nature of direct and indirect, physiological and psychological, and individual and collective harm¹ can cause life-long and life-changing effects.² Children are particularly vulnerable to psychological harm during war due to their ongoing cognitive, emotional, and social development and their level of dependency.³ War can have a direct impact on children’s mental health and development, including by inflicting trauma when children witness violence and death or are caught in a blast from an explosive weapon.⁴ Mental harm can also be a derivative effect of other harms, like the loss of a loved one,⁵ losing a home,⁶ media exposure,⁷ sexual violence,⁸ social stigmatization for injuries incurred,⁹ or the breakdown of social networks through school closures.¹⁰

Children exposed to armed conflict have been observed to exhibit symptoms of post-traumatic stress disorder (PTSD), generalized anxiety disorder, depression, self-harm, attention deficit hyperactivity disorder, phobias, and more.¹¹ One study of almost 8,000 children found that around 50 percent of children exposed to war exhibited PTSD.¹² A study by Save the Children on the mental health of children in Gaza in 2022 found that 55 percent experienced suicidal thoughts and 59 percent practiced self-harm.¹³ Since the latest escalation, UNICEF has estimated that nearly all 1.2 million children in Gaza require mental health and psychosocial support.¹⁴ Similarly, after a year of war in Ukraine, UNICEF estimated that 1.5 million Ukrainian children were at risk of depression, anxiety, and PTSD.¹⁵ Additionally, war-related trauma in children extends beyond mental health diagnoses; it includes psychosocial, behavioral, and developmental consequences such as problems sleeping or eating, increased aggression, social challenges, and suicide ideation.¹⁶ Crucially, children in conflict are also at risk of toxic stress, which can disrupt both their psychological and physiological development.¹⁷

It is crucial to note that not all children experience war the same—and this, too, is the case regarding the psychological impacts of war. There are gendered implications associated with mental harm. Studies have recorded females (both adults and youths) in Ukraine since Russia’s invasion as being twice as likely to report symptoms of PTSD than males,¹⁸ and that among survivors of landmine explosions, girls are almost twice as likely to experience depression than boys and more than twice as likely to experience an anxiety disorder.¹⁹

Despite evidence of the pervasive nature of the psychological harm of children in war, psychosocial support is wholly lacking in most conflict contexts. The mental wounds and scars that war leaves—both on adults and children—must receive greater visibility so that protections and mitigations can be implemented and perpetrators can be held accountable.

An Ongoing Threat of Unexploded Ordnance in the CAR

These photographs were taken by AnnelaFaustina Niamolo. Niamolo also interviewed survivors of war munitions accidents, victims’ family members, UN officials worked on awareness raising and de-mining efforts, and NGO and civil society members supporting mine-awareness to better understand the impact of unexploded ordnance on civilians.

Ten years after the civil war started with the Seleka rebellion in March 2013, the Central African Republic (CAR) still bears the scars of the conflict. As clashes continue and the number of armed actors grows, unexploded ordnance (UXO) is another invisible and pervasive threat that civilians have to face with: the remnants of past confrontations in villages, farmlands and bushes. In 2023, 77 explosive ordnance events were recorded (33 exploded and 44 found), and among the 81 registered victims of explosive ordnance, 51 were civilians (27 men; 5 women; 19 children).

The sub-prefectures of Abba, Baboua, Bouar and Baoro are the most vulnerable and contaminated by UXO. In the village of Bessani, 17 km from the town of Bouar, everyday of work in the fields, every outbreak of brush- fire is accompanied with the risk of one of these weapons exploding. The population lives in fear. In 2023, several families in the locality were bereaved by these weapons. CIVIC met with some of them.

On a Friday evening, three young men under the age of 20 discovered a rocket launcher and a grenade on their way back from the fields. Innitially, they reported the discovery to their parents, who then called the Bouar gendarmerie. But before the gendarmes arrived, 19-year-old Cédric decided to keep the grenade. The following Sunday, the friends met again, but the grenade was mishandled and exploded. All of them were killed instantly.

For Mélanie, 48, who lost her son Emmanuel, 16, in the accident, rebuilding her life since then remains difficult. She had dreamed of seeing him become a teacher to ensure the future of the village's children. With tears in her eyes and a hoarse voice, she murmurs these words: "Since my [Emmanuel]'s death, I am still in deep pain. I can't cultivate the field anymore because we fear running into other explosives. My eldest son was my only hope, and now he has died in this incident."

Gilberte, 52, another bereaved mother said to CIVIC: "It's hard for us, very hard, because it's the civilians who are paying the price of war, and worse, our very young children. This misfortune wouldn't have happened if that youngster hadn't brought that grenade home. [We need] more awareness to prevent other young people from losing their lives."

Anti-personnel mines, land mines and grenades, like the one found by Cédric, can be recognizable, but other UXOs can sometimes be disguised as iceboxes, perfume bottles, or vegetables to attract civilians and increase the likelihood that civilians will handle them—often creating particular risks for children playing outdoors.

To prevent the recurrence of such tragic accidents, the United Nations Mine Action Service (UNMAS), UN Children's Fund (UNICEF) and the Office of the UN High Commissioner for Refugees (UNHCR), increased coordination and created a sub-cluster dedicated to explosive ordnance disposal (EOD) in June 2023. The task force is multiplying training courses and workshops for the local population and employees of NGOs operating in the region.

In 2023, UNMAS reached 13,470 people in Bouar and Bambari, including 3,850 children, with an awareness campaign on the threat of explosive devices. Signs were placed in strategic locations, with drawings and photographs highlighting the precautions to be taken to avoid explosive devices, to clearly mark them when identified, and report them to organizations responsible for mine clearance throughout the country.

“I am now able to avoid danger, as well as educating the people around me, because mines and explosive devices are not toys. They can disable someone or destroy a vehicle with a whole load of cargo, so they're very dangerous. I haven't yet witnessed or been the direct victim of a case of explosives, but I've heard a lot about cases of victims, especially in the locality. I believe that awareness-raising is very important to prevent and avoid risks and dangers because the phenomenon of explosive devices doesn't concern just one category [of people], but everyone”, said Tresor, a humanitarian worker for the NGO AFED.

According to Ngana Salomé Inès, a Caritas humanitarian worker who lost her uncle because of a mine incident and who also attended an UNMAS training, there is a need to extend this type of initiative: “It’s not only the Bouar area that is affected. There are unexplosed ordnances on the whole territory, and those objects continue to make a lot of victims.”  

As part of its mandate, the UN peacekeeping mission in CAR (MINUSCA) is also trained by UNMAS to improve its capacity in the detection and destruction of explosive ordnance. During CIVIC’s visit to Bouar in May 2024, a Senegalese contingent of the UN peacekeeping mission delivered a sensitization workshop to the population. Other contingents of the UN Mission, such as the Tanzanian, Bangladeshi, and Peruvian forces have been trained to better search for and destroy these weapons. In 2023, they have also contributed to training the FACA—CAR’s military—to  increase prevention, mitigation, and response to the threat of explosive ordnances.  

According to UNMAS, the sensitization campaigns have already allowed effective awarness improvements. In 2022, 75 percent of UXO victims were civilians, while in 2023 they represented 63.41percent of total victims. “Our objective is to reach less than 50 percent of civilians among the victims of exploded ordnances for the coming years. Incidents also concern military and humanitarian partners. In some areas affected by mines, humanitarian actors refuse to intervene to not endanger their staff, ” explained UNMAS official Jadot Esala Bamungu.

Protection actors engaged in mine action service continue to face challenges coordinating  with all armed actors to avoid the re-contamination of areas that were cleared and prevent further restrictions on humanitarian access to the population, in a country where more than half of civilians depend on aid and protection activities from them.

Additional information available at: OCHA, Launch of the 2023 Central African Republic: US$465 million required to address ever-growing humanitarian needs in 2023.

What is The Concept of Amends?

Amends is the practice of recognizing harm done and/or providing some material or financial post-harm assistance to civilians who have been hurt in war due to the presence, activities, and operations of armed actors.²³ Amends are distinct from reparations in that while reparations are legally required responses for violations of international humanitarian law (IHL) or international human rights law, there is no legal obligation to provide amends for harm caused by lawful operations.²⁴

Amends can take a wide variety of forms, ideally based on victims’ or survivors’ preferences and needs. These forms can include public or private acknowledgments of harm, formal apologies and explanations, and/or monetary payments or material assistance provided to an individual, family, or community. None of these practices can replace the lives of lost loved ones, and financial remuneration should not be understood as attempting to put a monetary value on life. A comprehensive approach to amends starts by prioritizing the prevention of civilian harm in the first place, and then taking accountability for harm when prevention efforts have failed.²⁵

Amends in US Civilian Harm Response Policy

After twenty years of post-9/11 military operations, which caused significant civilian harm with little to no amends or accountability, US Defense Secretary Lloyd Austin responded to civil society calls with significant commitments to improve how the US prevents, mitigates, and responds to civilian harm resulting from its military operations.²⁶ In December of 2023, the US Department of Defense (DoD) issued a long-awaited Instruction on Civilian Harm Mitigation and Response (CHMR DoD-I).²⁷ The CHMR-DoD-I formalizes into official DoD policy a set of policies and practices around civilian protection issues outlined in a 2022 Civilian Harm Mitigation and Response Action Plan (CHMR-AP).²⁸ In line with longstanding civil society recommendations,²⁹ both documents call for improved and expanded policy and procedures for responding to civilian harm. Notably, they prescribe the development of a “menu” of response options that provide commanders with the flexibility to address harm in a contextually and culturally appropriate manner. While the DoD does not use the term “amends,” the CHMR-AP and CHMR DoD-I’s focus on “response” aligns with CIVIC’s conception of making amends.

To date, one of the DoD’s primary yet vastly underutilized tools for making amends has been individual condolence payments, also known as ex gratia payments. These payments do not imply an admission of wrongdoing by the US; rather, they are provided as a symbol of condolence and to help alleviate the suffering caused by civilian harm. The US Congress has annually authorized $3 million for ex gratia payments since fiscal year 2020; however, these funds have very rarely been used. In the years since this fund was established, the DoD has reported just one single payment³⁰ despite many requests from civilian victims and survivors whose harm has already been substantiated by the US.³¹ As a result, countless victims of civilian harm over the past twenty years have gone without any kind of amends or redress.

The CHMR-AP and CHMR DoD-I both refer to various potential responses at the community level. According to the CHMR DoD-I, community-level responses could include the reconstruction of community buildings and infrastructure, ordnance removal, and commemorative events or memorials.³² The CHMR-AP and a 2023 DoD legislative proposal also indicate that Congress may authorize other forms of in-kind and community-level responses.³³ However, there has been comparatively little research into civilians’ views on community-based amends as compared to individual amends, and civil society organizations have raised concerns that such a focus could displace efforts to make amends at the individual level.

To better understand victims’ and survivors’ preferences around individual- and community-level amends, CIVIC recently conducted research on preferences for amends by civilians harmed by US operations in Somalia. Since 2003, US airstrikes in Somalia against Al Qaeda and Al Shabaab militants have caused significant civilian harm. Civilians interviewed by CIVIC in and near Mogadishu and Kismayo reported experiencing various types of harm from presumed US airstrikes, including the death of a loved one, physical injury, property damage, psychological distress and trauma, and economic burdens including the loss of livelihood. The US government has acknowledged responsibility for only five civilian deaths and eleven injuries from its airstrikes in Somalia. In these cases, despite multiple requests from civilian survivors and their representatives, the DoD has not provided a response beyond the public acknowledgment that it mistakenly killed civilians.

Notably, the vast majority of reported incidents of civilian harm in Somalia, including cases well documented by international human rights organizations, have been deemed “unsubstantiated” by US Africa Command (AFRICOM). Previous research from CIVIC and the Columbia Law School Human Rights Institute identified several weaknesses in US military investigations into civilian harm, including: significant bias toward relying solely on often incomplete internal records; skepticism toward external sources of information, even when these sources have access to information that DoD lacks; and a lack of civilian witness interviews or visits to the site of an attack to collect information. These flaws have likely led to the erroneous dismissal of many civilian harm reports, leaving affected civilians with no recognition, no answers, and no hope of meaningful amends or redress.

Many of the Somali civilian victims and survivors CIVIC interviewed felt that attaining justice would help them heal and move forward from the harm they endured. Interviewees commonly mentioned a Somali custom known as diya—financial compensation traditionally used for the resolution of disputes between families and clans. Drawing on the practice of diya, many civilians and communities in Somalia consider condolence payments or financial assistance from the perpetrator to the victim to be an important response to civilian harm.

CIVIC’s research found that a majority of civilian victims and survivors preferred individual amends—such as personal communication from the US military and condolence payments or financial assistance—over community-level amends. Interviewees communicated the desire for an acknowledgment or apology from the US as a vital first step in healing. However, interviewees also stressed the importance of monetary payments or financial assistance, with the majority noting that an acknowledgment or apology absent financial assistance was insufficient to meaningfully address harm. Interviewees agreed that community-level responses should not displace individual responses and should only come after providing individual amends. Interviewees also expressed concerns that community-based amends would not adequately respond to harm, which typically affected individuals or families. Overall, interviewees felt that community-based amends, such as health services, educational opportunities, psychosocial support programs, job creation and employment support programs, and reconstruction of damaged property and infrastructure, could help their communities if implemented well and alongside individual amends.

Challenges to the implementation of individual-level amends arise with victims’ and survivors’ attempts to report incidents of harm, and they extend through the logistical barriers of reaching survivors and delivering condolence payments. These barriers include the safety risks of reprisals from Al Shabaab against those seeking amends, as well as US government concerns around the possible extortion of those payments by Al Shabaab in the form of “taxes.” Possible solutions to these obstacles could involve working with and through local non-governmental organizations (NGOs), community networks, and clan or familial ties for intermediaries and delivery mechanisms, as well as providing in-kind assistance.

Various challenges also impede the successful implementation of community-based amends. These include limited avenues for implementation in territory controlled by Al Shabaab, a lack of US presence on the ground, and difficulties in determining how a community is defined, who represents that community, and how to ensure that those who were harmed benefit from amends. Furthermore, challenges in reaching affected families and individuals are exacerbated by the fact that a significant number of civilians have been displaced by the violence in southern Somalia, creating greater difficulty in reaching affected individuals through community-level responses.

To deliver on the promises of the 2023 CHMR DoD-I, the US must not forget the many civilians whose harm has for too long gone unacknowledged and without amends. As an urgent step, the DoD should immediately utilize the $3 million authorized annually by Congress for the provision of ex gratia payments, starting with those cases of civilian harm that the DoD has already acknowledged. The DoD should also reckon with past harms that have gone under-investigated and unacknowledged, including by re-investigating cases that were likely erroneously dismissed due to shortcomings in past assessment or investigation practices. Finally, the DoD should conduct additional research and civilian consultation on issues around both individual and community-based amends to ensure that its responses address civilian needs.

Voices of Resistance: Afro-Colombian Women Victims of the Armed Conflict in Pursuit of Redress

This research was designed and implemented by a Colombian human rights lawyer who also authored this article.

Colombia has experienced over 60 years of internal armed conflict between the Colombian state, left-wing guerrillas, and right-wing paramilitary groups. Drug cartels and criminal gangs have also contributed to violence in the country while carrying out their illegal activities. Although the Colombian State signed a peace agreement with the Revolutionary Armed Forces of Colombia (FARC) guerrilla group in 2016 and has promoted peace dialogues with other armed actors, the country continues to suffer the consequences of war.

In seeking to comprehensively repair the victims of the armed conflict, the Congress of the Republic of Colombia promulgated Law 1448 of 2011, which grants measures of attention, assistance, and reparation to victims of breaches of international humanitarian law or of serious and manifest violations of international human rights norms occurring in the context of the internal armed conflict. Additionally, Decree 4635 of 2011 established reparations measures specifically for victims belonging to Black, Afro-Colombian, Raizal, and Palenquera communities.

Despite legislative advancements, ethnic communities impacted by the armed conflict face challenges in accessing their rights due to the budget deficit of the Unit for Victims, which was created as a government institution within the social inclusion and reconciliation sector led by the Department of Social Prosperity.³⁴ As of January 2023, there were a total of 859 subjects of collective reparation recognized by the unit, of which 603 were recognized as ethnic subjects due to the collective harm they suffered.³⁵ Nevertheless, these ethnic subjects formally recognized by the state have seen little progress in the implementation of thorough reparations measures because those agreed upon with the state have not been promptly implemented by the responsible institutions.

In the short term, the number of subjects of collective reparation in the country is expected to continue increasing, and the state is anticipated to undertake a determined effort to ensure the financial sustainability of the collective reparation plans.³⁶

During the last two decades, Afro-Colombian women have been victims of attacks on their lives and physical integrity by non-state armed actors such as paramilitary groups and guerrillas. The armed conflict has also impacted their ancestral territory, as well as their cultural and community practices. Afro-Colombian women who are survivors of the conflict face a cumulative burden of intersecting discriminations due to their gender, ethnic-racial identity, and status as victims, placing them in conditions of significant vulnerability and risk. Seeking to understand women's perspectives on collective remedies for the harm experienced as a result of conflict-related violence, CIVIC conducted semi-structured interviews with eight women from an Afro-Colombian collective. All of the women interviewed reported being victims of forced displacement due to the armed conflict. Some women also reported being victims of sexual violence, threats, and attempted murder by guerrillas and paramilitary groups. Additionally, a number of women told CIVIC that members of their families or community were killed by armed groups or lost their lives as a result of clashes between the army and non-state armed groups during combat operations. “During that time in 2006, there were many clashes between these illegal groups and the army, which resulted in many people from the town losing their lives,”³⁷ one woman shared. She also told CIVIC that armed groups killed her children after they were displaced from their home.³⁸

Apart from human rights violations, the majority of the women also reported experiencing other types of harm resulting from military operations carried out within the framework of the law due to the armed conflict, particularly concerning damage to the community's infrastructure and their ancestral territory. For example, one woman observed, “Due to the clashes and military operations, a nearby river and the road connecting the population were also affected. These impacts stemmed from military operations carried out by the army to combat armed groups. The river was contaminated, resulting in severe consequences, as the local population couldn't wash or drink water from the nearest river due to contamination. This occurred during a confrontation between the army and the guerrilla in 2014.”³⁹

The gender and ethnic-racial affiliation of Afro-Colombian women at times made them targets for non-state armed groups, reinforcing racist stereotypes about Black women in Colombia, who were often sexualized and objectified by armed groups. “I consider that the armed conflict has had a strong racial bias, especially for Afro-descendant women,” observed one woman. She continued, “In many cases, Black women have been subject to exploitation and violence as part of the conflict, treated as spoils of war."⁴⁰ Another woman said, “Since I am a Black woman, I was sexualized and objectified regardless of my age. Members of the armed groups took advantage of their power to sexually abuse me. Not only did they physically assault me, but they also verbally denigrated me, treating me as if I was worthless. They said horrible things to me that made me feel humiliated.”⁴¹

In addition to exposing them to individual risks, the women interviewed described how their Afro-Colombian identity was eroded by forced displacement, the effects of which gradually disintegrated the cultural practices that the women had in their ancestral territories. As one of the interviewed women expressed: “There was also a cultural impact because, although we carry our culture with us, in the city there are many limitations that prevent us from practicing it as we would like, as sometimes I feel that Black women are discriminated against in the cities. And there was also a collective impact because displacement not only means leaving our territory but also separating from the people we grew up with.”⁴²

In their pursuit of justice and reparation measures, Afro-Colombian women have individually registered in the Victims' Registry of the Unit for Victims to access measures that guarantee their rights. They have also sought recognition for collective reparations through the unit. Years ago, the entity recognized their organization as a subject of ethnic collective reparation within the framework of Decree Law 4635 of 2011, which orders comprehensive attention to the Afro-Colombian population victims of the armed conflict. A year later, the unit sought to annul that decision, attempting to treat the group as an organization and not as an ethnic collective, which would weaken the likelihood of the women being adequately consulted about culturally appropriate measures to address the violations they had experienced as an ethnic group and of them receiving differentiated measures of repair for the harms they have endured.⁴³ Currently, although the Colombian State has shown its intention to advance with ethnic collective reparation, the women still hope to be receive effective reparations.

Most of the women interviewed prefer a combination of collective and individual efforts to repair the damage they have experienced. Moreover, when it comes to collective redress, all agreed that implementing reparations from an ethnic-racial perspective is a priority for them because the reparation of their ethnic collective is different from that of groups whose members do not belong to racialized ethnic communities. To explain this view, one of the women pointed out, “White people are not like me. They don't eat like me, they don't dress like me, they don't talk like me, so why should reparations be the same?”⁴⁴

Additionally, all the women felt that it is important for the involved parties to acknowledge their responsibility for the harm caused, with most preferring a public acknowledgment of responsibility. Among the collective reparation measures, Afro-Colombian women emphasized the need for compensation, rehabilitation, and satisfaction, with guarantees of non-repetition. However, it is not necessarily financial compensation that the women demand, but rather appropriate satisfaction measures through the creation of spaces to strengthen their ability to practice cultural traditions, honor the historical memory of the victims, and support community members in need. As an interviewee stated, “One of the measures of reparation would be a place where we can impart our stories, teachings and knowledge and have a space where we can welcome many more women in need.”⁴⁵

Some of the women interviewed described facing barriers to justice and seeking reparations or amends for the harm they experienced due to violence related to the conflict resulting from their gender and ethnicity. “When I went to tell what I experienced, they [government officials] asked me very hurtful questions and distrusted me,” one woman recounted. “I felt that they did not believe me and that they were not taking me seriously. In my perspective it was racism.”⁴⁶ Indeed, Afro-descendant women in Colombia have been victims of differentiated impacts from the armed conflict due to their gender and ethnic-racial belonging. The victims of the armed conflict are not a homogenous group of people; rather, they comprise a universe of individuals of different genders, ethnicities, and age groups, among other considerations. Therefore, when providing comprehensive reparations, the Colombian State must take into account culturally appropriate measures that adequately respond to their particular needs. For that, it is essential that they guarantee the right to prior, free, and informed consultation with victims of the armed conflict belonging to ethnic communities seeking reparations or amends so that the voices of racialized communities are considered when agreeing on such measures. They should also ensure the financial sustainability of collective reparations plans for Afro-descendant communities and other ethnic groups who have been victims of human rights violations due to the conflict. They should adapt their policy framework on reparations and amends to take into account differentiated experiences from an intersectional perspective.

Avenues for Justice for Afghan Victims of Human Rights Violations

This article was authored by Shaharzad Akbar, summarizing a report published by Rawadari, an Afghan human rights organization that aims to deepen and grow the human rights culture of Afghanistan and ultimately reduce the suffering of all Afghans, especially women and girls.

Decades of conflict in Afghanistan have left a devastating legacy of human rights abuses and atrocities, including war crimes and crimes against humanity, prompting international efforts to seek justice for victims despite numerous challenges. Afghanistan ratified the Rome Statute in 2003, granting jurisdiction to the International Criminal Court (ICC). Since then, the ICC has faced obstacles in investigating crimes committed in the country. Initially stalled by ICC delays and deferral requests from the Afghan government, the ICC Prosecutor announced in September 2021 that the ICC would “deprioritize” crimes by the former Afghan government and international forces, restricting the scope of the investigation. In October 2022, the ICC launched an investigation on crimes perpetrated by the Taliban and Islamic State in Khorasan Province (ISKP) since September 2021. The ICC’s decision to shift focus from historical crimes to ongoing crimes has been criticized by civil society organizations such as the American Civil Liberties Union, as well as by the Afghan human rights community, as it delays justice for victims of torture programs led by international forces including the US. However, the ICC may potentially use the framework of gender persecution to hold the Taliban accountable for systematic violations against women. This approach underscores the severity of gender-based crimes under the current ruling regime.

Civil society in Afghanistan is mobilizing to push for a case before the International Court of Justice (ICJ) to address ongoing grave violations against women and girls under conventions like the Convention on the Political Rights of Women and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Activists should document violations to build a case that would promote accountability and challenge the legitimacy of the de facto Taliban authorities and their attempts to normalize their governance without addressing women's rights. Despite its lack of enforcement mechanisms, the ICJ holds significant political and juridical authority, with its judgments and provisional measures capable of influencing international perceptions and actions. This avenue seeks to leverage international law to compel policy changes and uphold human rights standards in Afghanistan.

Universal jurisdiction (UJ) presents another potential tool for those seeking justice for international crimes committed in Afghanistan. Over 150 countries have criminalized at least one serious international crime under UJ, which allows prosecutions regardless of where the crimes occurred or the nationality of the perpetrator or victim. However, legal conditions and political considerations often complicate the exercise of UJ, requiring careful coordination and support from governments willing to pursue cases against Afghan perpetrators.

Women human rights defenders from Afghanistan, Iran, and across the international legal community have been advocating to codify “gender apartheid” as a distinct crime. Some survivors and activists view the systemic and institutionalized nature of gender-based oppression by the Taliban as warranting a new crime of gender apartheid to complement the crime of “gender persecution” as a crime against humanity. This campaign aims to increase international pressure and legal consequences for gender-based atrocities, though its formal recognition in international law remains a long-term objective.

Within the UN framework, the establishment of a Special Rapporteur on Afghanistan in October 2021 has facilitated ongoing international scrutiny and reporting on human rights abuses. The Special Rapporteur, supported by the UN Human Rights Council, monitors and reports on the situation, making recommendations for improvement and supporting civil society efforts. Reports, such as the 2023 report by the Special Rapporteur and the Working Group on Discrimination Against Women and Girls, provide critical documentation and can serve as advocacy tools for advancing accountability and reforms. UN sanctions regimes targeting Taliban leaders and supporters, including asset freezes and travel bans, complement efforts to enforce accountability through financial and diplomatic pressures. Additionally, proposals for reparations and compensation mechanisms to address civilian harm and other atrocities in conflict in the case of Ukraine could pave the way for similar initiatives focused on Afghanistan. However, there are no such proposals relating to Afghanistan at the moment, and comprehensive implementation remains a challenge.

Beyond traditional approaches to justice, a victim-centered approach that encompasses memorialization and truth-telling initiatives can play a crucial role in healing communities and acknowledging historical injustices. These efforts provide platforms for remembrance, truth-seeking, and reconciliation, which are essential components of transitional justice. By honoring victims' experiences and preserving their memories, memorialization fosters a collective commitment to preventing future atrocities and upholding human dignity. While no such initiatives have been able to gain footing within the country under the Taliban administration, the Afghanistan Memory Home is one recent online initiative dedicated to preserving the stories and honoring the memories of Afghan war victims. Additionally, there are efforts to hold a People’s Tribunal to provide girls and women victims of Taliban violations a platform and increase attention to their plight.

Securing justice for victims of human rights violations in Afghanistan necessitates a multifaceted and all-tools approach combining international legal mechanisms, grassroots activism, and diplomatic engagement. While significant challenges persist, ongoing efforts to document abuses, pursue legal accountability, and support victims' rights represent crucial steps toward addressing impunity and promoting lasting peace and stability in Afghanistan.

The international community should support all avenues to ensure justice and accountability for human rights violations in Afghanistan, including utilizing the ICJ. Because all victims deserve justice and reparations, accountability efforts should go beyond the crimes of the Taliban and include violations committed by the former government as well as international forces where there are credible allegations against them. To help achieve justice, the international community must prioritize support to Afghan human rights defenders and civil society—both those who have been forced into exile and those brave activists who remain in the country. They can help this cause by expediting resettlement for those at risk, funding civic work in Afghanistan, and continuing to meaningfully consult with the diverse human rights community of Afghanistan. The work of these defenders is crucial to all efforts for accountability and justice.