Introduction
On 25 September 2024, on the sidelines of the UN Common Meeting Excessive-level assembly, Canada, Australia, Germany and the Netherlands introduced that they might take formal steps in opposition to Afghanistan for quite a few violations by the Taliban of the UN Conference on the Elimination of All Types of Discrimination in opposition to Girls (CEDAW). The subsequent day, 22 extra States joined them in an announcement supporting the initiative taken by these states ‘below Article 29 of CEDAW’. Article 29 of CEDAW requires State events to any dispute not settled by negotiation to resort to arbitration. Nonetheless, ‘[i]f inside six months from the date of the request for arbitration the events are unable to agree on the group of the arbitration’, they might refer the dispute to the Worldwide Court docket of Justice (ICJ). This raises the query of whether or not the Taliban, not formally recognised by any State because it took energy in Afghanistan on the finish of a long-lasting civil conflict, can symbolize Afghanistan as its authorities earlier than an arbitral tribunal or finally the ICJ. On this submit, I particularly handle this query, whereas Kyra Wigard covers the judicial elements and total implications of this initiative in her latest submit.
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