A collaboration between Monash Law Clinics and PhD students has produced the Handbook on Universal Jurisdiction: Holding the Taliban Accountable for International Crimes.
Members of the Afghanistan diaspora living in Melbourne recently gathered with supporters to launch the Handbook on Universal Jurisdiction. The book is the result of many years of work by the Ham Diley Campaign with support from the Monash Law Clinics.
The Ham Diley Campaign
The Ham Diley Campaign was founded by Monash Law PhD student Karin Frodé, University of Melbourne PhD student Azadah Raz Mohammad and the then President of the Capital Punishment Justice Project Simone Abel. It is a volunteer initiative started in a response of solidarity to the Taliban’s violent return to power in Afghanistan on 15 August 2021.
Ham Diley means empathy or solidarity in Persian.
Initially focussed on emergency response, the Ham Diley campaign facilitated the safe evacuation and resettlement of more than 90 at-risk individuals from Afghanistan. Since then, the Ham Diley campaign has grown into a global network.
Afghanistan Support Clinic
With the support of Monash Law Clinics, Karin and Azadah established the Afghanistan Support Clinic in September 2021 to support the work of the Ham Diley Campaign.
Monash Law Clinics have been providing clinical legal education to Monash Law students since 1975 through a wide variety of in-house and external practical work placements.
Since its establishment, over 30 students have participated in the Afghanistan Support Clinic. These students have engaged with stakeholders around the world including experts from Afghanistan and diaspora communities.
Students from the Afghanistan Support Clinic with Clinic Supervisor Ms Azadah Raz Mohammad and Ms Karin Frodé at the launch of the Handbook on Universal Jurisdiction.
In one of the early rounds of the Monash Afghanistan Support Clinic, students assisted with the preparation of a risk profile statement for a family in Afghanistan. After several failed attempts to leave the country, the Ham Diley Campaign assisted them to obtain visas for a neighbouring country. The family later arrived safely in Melbourne in March 2023 where they were able to finally meet the Monash Law students and Afghanistan Support Clinic Supervisor Azadah Raz Mohammad.
The Afghanistan Support Clinic initiated the Handbook on Universal Jurisdiction and has been contributing to the project since the start of 2022. Two of the Monash Law Students involved in the Afghanistan Support Clinic spoke at the launch of the Handbook, to guide attendees through the contents.
Launching the Handbook on Universal Jurisdiction
Ham Diley Campaign co-founders Ms Karin Frodé and Ms Azadah Raz Mohammad worked extremely hard to bring together a range of voices for the launch of the Handbook. Some spoke of their personal experiences in Afghanistan and with the Taliban, others shared their legal expertise to highlight the importance of this document.
In her welcoming comments, Ms Karin Frodé quoted the words of Persian poet Sa’adi Shirazi, which have been a guiding principle of the Ham Diley Campaign:
Human beings are members of a whole,
in creation of one essence and one soul.
If one member is afflicted with pain,
other members uneasily will remain.
If you have no sympathy for human pain,
the name of human you cannot retain.
“Our common humanity is the prominent justification for universal jurisdiction, a principle through which certain international crimes can be investigated and prosecuted in one country,” confirmed Ms Frodé.
Ms Azadah Raz Mohammad spoke with affection for her homeland Afghanistan and brought a sharp focus to the longstanding need for this Handbook.
“The importance of pursuing accountability for the people of Afghanistan is symbolised on the opening page of the Handbook which is dedicated to the victims of international crimes. Ustad Bayani and Ustad Noori, my grade 1 school teachers, who were brutally killed by the Taliban in 1997,” said Ms Raz Mohammad.
“Three years after the Taliban takeover of Afghanistan, the world has slowly started to engage and normalise their relations with the Taliban, by closing down our embassies across Europe and having bilateral meetings with the Taliban without the representation of women and civil society of the people of Afghanistan.”
Whilst the Handbook is focused on universal jurisdiction, the Handbook and the Campaign exist to start a broader conversation about accountability.
“Through this Handbook, we also want to remind the international community of their obligation under international law. The crimes committed by the Taliban falls under jus cogen norms, where no derogation is permitted. Please fulfil your obligation that you owe to victim-survivors globally, and victim-survivor groups in Afghanistan,” said Ms Raz Mohammad.
Keynote address from the Ambassador of Afghanistan to Australia
His Excellency Wahidullah Waissi has been the Ambassador of Afghanistan to Australia since 2017. Despite the political upheaval in Afghanistan when the Taliban reclaimed power in August 2021, Ambassador Waissi persists in fulfilling his diplomatic responsibilities, operating outside the realm of Taliban influence.
In his keynote speech at the launch of the Handbook on Universal Jurisdiction, His Excellency Wahidullah Waissi expressed his pride for his homeland and his frustration that the people of Afghanistan cannot live a life free from human rights abuses.
“While Afghanistan faced challenges before, its constitutional powers still protected citizens rights and provided a vision of hope. Today, however, that hope has been replaced by a regime that systematically violates the basic rights of its people. International mechanisms like universal jurisdiction have become critical in this context,” said Mr Waissi.
“The Taliban’s actions since assuming power have worsened Afghanistan’s humanitarian and economic situation, leaving over 85 percent of the population below the poverty line and nearly 24 million people suffering from acute food insecurity. The international community cannot stand by as the Taliban continue to commit human rights abuses with impunity,” said Mr Waissi.
Mr Waissi highlighted the numerous challenges in holding the Taliban accountable through universal jurisdiction. He suggested that political considerations may hinder the exercise of universal jurisdiction, such as governments fearing diplomatic fallout and the complexity of gathering reliable evidence.
“The Handbook is a resource that will guide us in understanding how the international community can step up when domestic legal systems fail.”
“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,” said Mr Waissi.
Keynote address from the Honourable Justice Leslie Taylor
The Honourable Justice Leslie Taylor of the Victorian Court of Appeal presented opening remarks on the topic of domestic prosecution of international crimes.
In 2004/5 Justice Taylor was the Senior Legal Attorney in the Office of the Prosecutor at the Special Court for Sierra Leone where she led trials of the accused. In 2006, her Honour was Senior Counsel assisting the United Nations High Commissioner for Human Rights Independent Special Commission Inquiry for Timor Leste. In 2011 Justice Taylor was also a Senior Legal Advisor to the European Parliament backed inquiry into Kurdistan.
“The principle of universal jurisdiction enables states to investigate and prosecute individuals suspected to have committed certain international crimes. By its operation national courts can try persons for these crimes, irrespective of the location of the alleged offence or the nationality of the accused or victim,” said Justice Taylor.
Justice Taylor highlighted the way the handbook explains clearly and logically the necessary legal mechanisms that allow for universal jurisdiction to be implemented in the domestic courts of nation states.
“Universal jurisdiction is the only legal tool by which international crimes committed by the Taliban can presently be prosecuted. While the Taliban remain in power, all roads towards accountability and justice begin and end outside of Afghanistan,” said Justice Taylor.
Her Honour also brought attention to the book’s frank acknowledgement that universal jurisdiction is far from being an uncontentious concept.
“While there have been no universal jurisdiction cases prosecuted against members of the Taliban, universal jurisdiction cases have been brought against individuals from other countries accused of international crimes in the courts of Germany, Norway, Finland, the Netherlands, France, Switzerland, and the United Kingdom,” Justice Taylor.
Monash Law Students summarise the Handbook on Universal Jurisdiction
Monash Law alumni Ms Helen Dosky and Mr Campbell Russell both participated in the Afghanistan Support Clinic as part of a practical placement elective in their Bachelor of Laws. While their work in the clinic contributed to their legal qualification, Campbell explained that the work they did gave them so much more than just a grade.
“It feels like a culmination of a lot of work I’ve put in over a fairly long period of time. But that just makes me think of how incredible the effort’s been from the clinic, from Azadah, and all others who helped in assisting with the production of this handbook over the last few years,” confirmed Mr Russell.
The Handbook on Universal Jurisdiction is divided into three sections which allows readers to go straight to the area of importance to them.
Mr Russell started with part one of the Handbook, which is an overview of Universal Jurisdiction, and outlined each of the chapters in context.
“Chapter one explains the crucially important role of Universal Jurisdiction in the international law framework. Because these crimes, which it largely covers, shake the fabric of nations, often destabilising legal systems,” said Mr Russell.
“Chapter two identifies the legal bases of universal jurisdiction, and should be accessible to the layperson without formal legal training.”
“Chapter three identifies various procedural challenges to universal jurisdiction. In this chapter, it’s crucial to note the importance of setting realistic expectations for universal jurisdiction.”
“Chapter four includes a victim survivor focus. The handbook is by victim survivors, for victim survivors. It explains how terminology of victim survivors is used to restore power to victimised people.”
“Chapter five outlines reparations and the importance of remedies. It identifies how international law provides rights to effective remedies for serious violations of human rights or international humanitarian law, and identifies a suite of remedies available – not just compensation, but also admission of guilt and apology.”
“Chapter six identifies evidence for the layperson, explaining the difference between adversarial and inquisitorial legal systems.”
“Chapter seven identifies the role of alternatives, because the point of this handbook isn’t just to advocate for your local jurisdiction, ultimately it’s about the broader goal of pursuing accountability and justice.”
Monash Law alumni Helen Dosky and Campbell Russell speaking at the launch of the Handbook on Universal Jurisdiction.
Monash Law alumni Helen Dosky and Campbell Russell speaking at the launch of the Handbook on Universal Jurisdiction.
Ms Helen Dosky continued where Mr Russell left off to guide attendees through part two ‘Afghanistan and international crimes’ and part three ‘Selected Universal Jurisdiction Frameworks’.
“Part two begins with the historical and contextual element specific to Afghanistan as the handbook itself is the first of its kind to have a specific focus on Afghanistan,” explained Ms Dosky.
“It opens up discussing Afghanistan’s history as a monarchy and follows into the coups that followed, the Soviet invasion, the Mujahideen, the Taliban and the US invasion of the country following the September 11 attacks in 2001.”
“The middle of part two is very specific to the Hazara population of the country. They have a long history of oppression in the country and are continually and systematically targeted by the Taliban. This calls for the international need to recognize their situation as a Hazara genocide.”
“The end of part two talks about the war crimes specific to Panjshir province. The province has a long history of resisting the Taliban. The treatment of the civilians in Panjshir can be considered war crimes and crimes against humanity.”
Part three of the Handbook is for the next generation of hope. It looks at Universal Jurisdiction and how it works in Australia, New Zealand, the Netherlands, Norway, Germany and the UK.
Voices from Afghanistan emphasise Handbook’s importance
The launch of the Handbook was moderated by Dr Farkhondeh Akbari, postdoctoral fellow with the Monash Centre for Gender, Peace and Security. In thanking Ms Dosky and Mr Campbell for their guide to the Handbook, Dr Akbari highlighted the rich value of their contribution.
“With a non international law background, it was very accessible for me and I think that was the whole objective and aim of the Handbook. Anyone from anywhere can access it, read it, and understand the power and agency that lies within the pages of this book,” said Dr Akbari.
“I can speak maybe here from the people of Afghanistan, it will mean a lot to us now and many years to come where peace, justice, and accountability – we have to seek it outside of Afghanistan and this is the first step.”
Dr Akbari moderated a panel that included Ms Sareta Ashraph, barrister specialising in international criminal law, Dr Niamatullah Ibrahimi, Senior Lecturer in International Relations at La Trobe University, Mr Shuja Jamal, lawyer and member of the Australian Hazara Advocacy Network and Dr Melinda Rankin, co-founder of the Justice and Accountability Network Australia and Honorary Associate Lecturer in the School of Political Science and International Studies at the University of Queensland.
Dr Niamatullah Ibrahimi pointed out that since the 1980s, the international movement for justice has evolved, expanded and addressed many global issues, except when it comes to Afghanistan.
“Over the past few decades, there was very extensive grassroots activism in Afghanistan for transnational justice with the International Criminal Court. And I happened to be one of those people who were involved in the promotion of the campaign for the ratification of the International Criminal Court by the government of Afghanistan at that time,” said Dr Ibrahimi.
“But those challenges that we faced during those years continue to be felt today.”
Dr Niamatullah Ibrahimi, Senior Lecturer in International Relations at La Trobe University speaking as part of the panel at the launch of the Handbook on Universal Jurisdiction.
Mr Shuja Jamal introduced the Australian Hazara Advocacy Network and highlighted some of the work they are doing, which will benefit from the Handbook.
“We are advocates, lawyers, health workers, community workers, tradespeople, educators, mothers, fathers, brothers and sisters. As people who’ve experienced persecution, societal marginalisation, and systemic violence and discrimination, we want to work towards a world where the human rights of the Hazara people are recognized, respected, and protected,” said Mr Jamal.
“The network has rallied more than 20 elected officials in Canberra to establish the first ever parliamentary friendship group for the Hazaras.”
Mr Shuja Jamal from the Australian Hazara Advocacy Network speaking as part of the panel at the launch of the Handbook on Universal Jurisdiction.
As moderator, Dr Akbari directed questions from the audience to the panel, which left no time for her questions. Instead she summarised the panel discussion with the unanswered question that was the driving force behind the Handbook.
“There are actions of genocide happening, and a gender apartheid that has not been seen anywhere in the world, and severe human rights violations and restrictions. What is the meaning of international law if it cannot address the situation in Afghanistan?”
Next steps for Ham Diley and the Handbook on Universal Jurisdiction
Ham Diley co-founder Ms Karin Frodé says the Melbourne launch of the Handbook on Universal Jurisdiction was the first of several events to raise awareness about the book globally.
“We are working with colleagues in Canada who are organising a similar event to take place in October in Ottawa. We are then hoping to arrange a similar one again in Europe,” explained Ms Frodé.
The Handbook is currently being translated into Pashto and Persian. Once these books are ready they will be distributed to diaspora communities in and around Melbourne. Digital copies of the Handbook will also be distributed to Ham Diley contacts across the world.
The long term goal is to establish the Ham Diley Justice and Accountability Research Hub for Afghanistan as a secure online platform to collect documentation of gross human rights violations and other atrocities.
“This information could feed into a number of accountability efforts, including universal jurisdiction case building. We would also seek to contribute material to this Hub in the form of thematic research output, looking at topics such as the treatment of ethnic groups and religious minorities, as well as the gender apartheid of women and girls,” said Ms Frodé.
Ham Diley co-founder Ms Azadah Raz Mohammad is already building connections for the Ham Diley Justice and Accountability Research Hub for Afghanistan as one of the advocates for the global campaign to End Gender Apartheid.
The launch the Handbook on Universal Jurisdiction was held on Thursday 19 September.
This piece was first published by Monash University and can be retrieved here.
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