Relentless Atrocities: The Persecution of Hazaras

63 Pages Posted: 1 Jun 2022 Last revised: 19 Apr 2023

See all articles by Mehdi J. Hakimi

Mehdi J. Hakimi

Harvard University - Harvard Law School; Stanford Law School; University of Oxford

Date Written: May 27, 2022

Abstract

As one of the main ethnic groups in Afghanistan, Hazaras are Farsi-speaking and mostly Shi’a Muslims in a predominantly Sunni Muslim country. They are also distinguishable by their Asiatic appearance. Throughout Afghanistan’s history, Hazaras have suffered considerably under different regimes, enduring recurring massacres, enslavement, and forced displacement. Despite Afghanistan’s accession to the Rome Statute in 2003, the plight of Hazaras has not improved. Indeed, the assaults on Hazaras have intensified in recent years, impacting virtually every aspect of their lives.

This article argues that the recent and ongoing attacks against Hazaras constitute a crime against humanity. In particular, I show, element by element, that there is a reasonable basis to believe that the assaults on Hazaras amount to persecution based on ethnic and religious grounds pursuant to article 7(1)(h) of the Rome Statute. Accordingly, the International Criminal Court and the global community must take urgent actions to investigate the relentless atrocities against Hazaras and to hold the perpetrators accountable. Failure to do so, as warned by the U.S. Holocaust Memorial Museum, may lead to a full-blown genocide.

Keywords: International Law, Human Rights Law, International Humanitarian Law, International Criminal Law, Rome Statute, International Criminal Court, ICC, Crimes Against Humanity, Persecution, Hazara, Afghanistan, Genocide

Suggested Citation

Hakimi, Mehdi J., Relentless Atrocities: The Persecution of Hazaras (May 27, 2022). Michigan Journal of International Law, Vol. 44, No. 2 (2023), Available at SSRN: https://ssrn.com/abstract=4121751 or http://dx.doi.org/10.2139/ssrn.4121751

Mehdi J. Hakimi (Contact Author)

Harvard University - Harvard Law School

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Stanford Law School

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University of Oxford

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