2. Contribute to efforts to bring all those suspected of criminal responsibility for crimes under international law to justice in fair trials before ordinary civilian courts and without recourse to death penalty, including by identifying those suspected of criminal responsibility, collecting and preserving evidence for future prosecutions, and making recommendations on necessary measures to end impunity and ensure accountability for serious crimes. 3. Make recommendations for concrete action to protect the rights of the people of Afghanistan, to ensure access to justice, truth and reparations for victims and survivors, and to prevent further atrocities. 4. Report regularly, including inter-sessionally, to the HRC, as well as to the General Assembly, the UNSC, and other relevant UN organs and bodies. THE INTERNATIONAL CRIMINAL COURT 1. The ICC should make a public decision regarding the request filed by the Afghan government in 2020 to defer the investigation under Article 18 of the Rome Statute, taking into consideration that (a) crimes are ongoing; and (b) the new de facto authorities in Afghanistan are unlikely to be willing or able to investigate and prosecute criminal acts that may fall under the ICC’s jurisdiction. TO THE AUTHORITIES IN AFGHANISTAN 1. On ending human rights violations End all human rights violations that are taking place in Afghanistan including reprisal killings; attacks on members of ethnic and religious minorities, women and girls, LGBTI people, human rights defenders, civil society members, judges, lawyers, former government officials, journalists and others; and attacks on protests, torture, and ill treatment of those arrested; and the exclusion of women and girls from public life, including work and education. 2. Ensure the human rights of everyone in Afghanistan. Adhere to international human rights law and humanitarian law, protect civilians and civilian objects, end murders and other violations targeted at surrendered soldiers and other former government officials, and ensure uninterrupted access to essential supplies and humanitarian aid. 3. On accountability for crimes under international law and other serious human rights violations a) Ensure investigations into all reliable allegations of crimes under international law and other serious human rights violations and abuses and where individuals are suspected of criminal responsibility, and ensure they are brought to trial in accordance with international human rights law and without recourse to the death penalty. b) Pending investigation and trial of those reasonably suspected of crimes under international law, remove them from the ranks of the Taliban or any other forces under their control. c) Agree to and support the establishment of a UN special mandate holder, a fact-finding mission, or other special mechanism, to independently monitor human rights in Afghanistan. d) Ensure cooperation with the Office of the Prosecutor of the ICC in investigating Rome Statute crimes committed in Afghanistan. e) Ensure the safety of survivors, witnesses, HRDs, and civil society members who have contributed to the investigative and outreach efforts of the ICC. 4. On the right to leave the country:a) Ensure that access to the airports is permitted to everyone, and end checkpoints where at-risk individuals are screened by the Taliban, preventing most at-risk groups from accessing the airports for evacuation flights. THE FATE OF THOUSANDS HANGING IN THE BALANCE: AFGHANISTAN’S FALL INTO THE HANDS OF THE TALIBAN Amnesty International 29

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