UN Expert Hails Creation of Independent Investigative Mechanism for Afghanistan

The United Nations Human Rights Council (HRC) has adopted a landmark resolution establishing an Independent Investigative Mechanism for Afghanistan, a move hailed by UN Special Rapporteur on the situation of human rights in Afghanistan, Richard Bennett, as a major milestone in the global effort to secure justice and accountability for decades of atrocities and violations of international law in the country.

Adopted by consensus at the Council’s 60th session in Geneva, the resolution not only creates the new mechanism but also renews Bennett’s mandate as Special Rapporteur. The dual decision, human rights advocates say, strengthens the international community’s capacity to document, investigate, and prosecute grave human rights violations committed both in the past and under the current de facto authorities.

“The establishment of this new mechanism marks a significant milestone in the pursuit of truth, justice, and accountability for the people of Afghanistan,” Bennett said in a statement following the vote.

“By collecting, consolidating, preserving, and analyzing evidence of serious crimes and violations, and preparing case files to facilitate future criminal proceedings, the Human Rights Council has taken a decisive step to ensure that those responsible for serious international crimes will be held to account.”

A Historic Step Toward Justice

The creation of the Independent Investigative Mechanism for Afghanistan (IIMA) follows mounting international concern over widespread and systematic human rights violations in the country, particularly against women and girls, journalists, former government officials, and ethnic and religious minorities.

The mechanism will have a mandate to collect and preserve evidence of war crimes, crimes against humanity, and other serious violations of international law, including those committed during the four decades of conflict and the recent period under Taliban rule. It will also be tasked with preparing case files that can support future prosecutions in national, regional, or international courts.

The move comes amid reports by the UN and independent rights groups documenting arbitrary arrests, torture, extrajudicial killings, and gender persecution, as well as the near-total erasure of women from public life since the Taliban’s return to power in August 2021.

Bennett said the establishment of the mechanism represents a long-awaited victory for Afghan victims and civil society, many of whom have campaigned for years for an international body dedicated to justice and accountability.

“This decision stands as a testament to the courage and perseverance of Afghan victims, survivors, and civil society, whose tireless advocacy has made this moment possible,” he said.

“Today, the Council has heard their voices and reaffirmed that justice for the people of Afghanistan remains a global imperative.”

Renewed Mandate, Strengthened Commitment

The renewal of Bennett’s mandate as Special Rapporteur ensures continued independent monitoring and reporting on Afghanistan’s human rights situation. Bennett pledged to continue engaging with all stakeholders—including states, UN bodies, and Afghan civil society—to improve conditions on the ground.

“I look forward to continuing to fulfill the responsibilities of my mandate, including by monitoring and reporting on the human rights situation in Afghanistan and working with all stakeholders to find ways to improve it,” he said.

Bennett underscored that the new investigative mechanism will complement ongoing efforts by the International Criminal Court (ICC), which has resumed its investigation into war crimes and crimes against humanity in Afghanistan.

“The creation of the Independent Investigative Mechanism will complement the important work of the ICC and should be matched by a firm and continued commitment to pursue accountability through all available avenues,” he added.

“Accountability is an essential part of building a future for Afghanistan rooted in justice, equality, and the rule of law.”

Calls for Swift Implementation and Adequate Resources

The Special Rapporteur urged the United Nations and Member States to move quickly to operationalize the new mechanism, ensuring it has sufficient resources to conduct robust investigations, preserve crucial evidence, and engage directly with victims and survivors.

Bennett noted that delayed implementation could risk the loss of key evidence, particularly as witnesses and survivors continue to face intimidation and persecution inside Afghanistan.

He also called for strong coordination with existing justice initiatives, including:

• The ICC investigation into Afghanistan.

• Efforts by several states to hold Afghanistan accountable under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).

• The use of universal jurisdiction to prosecute perpetrators of international crimes outside Afghanistan.

Bennett further encouraged states to support the codification of gender apartheid as an international crime, citing the Taliban’s systematic persecution of women and girls as a form of “gender-based segregation that meets the legal threshold for apartheid.”

Beyond Justice: A Holistic Approach to Afghanistan’s Crisis

While celebrating the establishment of the IIMA as a breakthrough, Bennett cautioned that accountability alone will not be enough to address the breadth of Afghanistan’s crisis.

“While significant, an investigative mechanism alone cannot address the full scope of the crisis in Afghanistan,” he said.

“This is why we need an ‘all tools’ approach—one that combines criminal justice initiatives with broader efforts to restore the rights of women and girls, increase humanitarian assistance, and support Afghan civil society, especially women human rights defenders.”

He emphasized the importance of building a representative and inclusive government, one that reflects Afghanistan’s ethnic and religious diversity and fully respects fundamental freedoms.

Central to that effort, Bennett said, must be the safe and meaningful inclusion of Afghan women, youth, and civil society in all discussions and decisions shaping the country’s future.

“The participation of Afghan people, especially women and youth, is essential to any sustainable peace or political settlement,” he said.

A Growing International Consensus

The establishment of the IIMA follows similar precedents set by the Human Rights Council in other crisis situations, including Myanmar, Syria, and Sudan, where independent mechanisms were created to collect and preserve evidence of atrocities for future accountability processes.

Human rights groups such as Amnesty International and Human Rights Watch welcomed the move, calling it a “vital step toward ending impunity” for crimes in Afghanistan. Amnesty’s Secretary General Agnès Callamard said:

“This decision brings hope to countless Afghans who have long been denied justice. It sends a clear message that the world has not forgotten them and that impunity will not prevail.”

Civil society organizations also urged member states to provide adequate funding and political backing to the mechanism to ensure its independence and effectiveness.

A Path Forward for Afghanistan

The establishment of the Independent Investigative Mechanism for Afghanistan represents one of the most significant international steps since the Taliban’s return to power. It reflects a growing recognition among UN members that justice and human rights must remain central to any future engagement with Afghanistan.

Bennett concluded his remarks with a reminder that justice and accountability are inseparable from peace and stability:

“Afghanistan’s people have endured decades of war, repression, and denial of their rights. This new mechanism offers a path toward justice—but it must be accompanied by continued international engagement and an unwavering commitment to human dignity and equality.”

As the Human Rights Council moves to implement the new mechanism, attention now turns to how the international community—through the UN, the ICC, and national jurisdictions—will turn promises of accountability into tangible outcomes for millions of Afghans still awaiting justice.