Imagining New Responses to Gender-Based Crimes

A Focus on Feminist Strategies for Enacting International Responses to “Gender Apartheid” in Afghanistan since 1996

author Marina Bousquet ()
journal GERN (ISSN: )
volume 2026
issue 8. Crime and Responses to Crime: Consensus or Conflict?
section Article
date of publication May 21, 2026
language English
pagina 143
OID
keywords Crime;, responsibility, gender
abstract

The term “gender apartheid” re-emerged after the Taliban’s 2021 return to power in
Afghanistan, reviving 1990s debates when it was first used to describe their extreme
oppression of women. Originally, the concept leveraged the moral weight of racial
apartheid to mobilize global attention, without legal definition. Today, campaigns
like End Gender Apartheid (EGA) seek to codify it as a crime against humanity under
international law, defining it as systematic domination by one gender group over
another. This shift from rhetoric to legal action aims to compel concrete responses,
such as sanctions or accountability. However, critics warn that legal recognition could,
under the Responsibility to Protect (R2P), justify military intervention—echoing past
controversies over Western interventions in Afghanistan. While current advocates
focus on peaceful pressure, the legal framework risks being co-opted for interventionist
agendas. The debate also exposes divisions among feminists: some view the apartheid
analogy as universalist or imperialist, while others see it as essential for mobilizing
action. Despite these tensions, the term’s growing use at the UN reflects urgent
international concern for Afghan and Iranian women, and the need for effective, legally
grounded solutions.