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Himanshu Kulshreshtha
Himanshu KulshreshthaElite Author
Asked: May 24, 20242024-05-24T08:42:45+05:30 2024-05-24T08:42:45+05:30In: INTERNATIONAL HUMANITARIAN LAW

Discuss the role of various conflicting parties in Afghanistan in the violation of the rule of IHL.

Discuss the role of various conflicting parties in Afghanistan in the violation of the rule of IHL.

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    1. Himanshu Kulshreshtha Elite Author
      2024-05-24T08:43:09+05:30Added an answer on May 24, 2024 at 8:43 am

      In Afghanistan, the prolonged conflict involving multiple parties has led to widespread violations of International Humanitarian Law (IHL). Various conflicting parties, including the Taliban, ISIS-K (Islamic State of Khorasan Province), Afghan government forces, and international coalition forces, have all been implicated in actions that breach the fundamental principles of IHL.

      Taliban

      The Taliban, as a significant insurgent group, has been responsible for numerous IHL violations:

      • Targeting Civilians: The Taliban has conducted numerous attacks that deliberately target civilians, including bombings in public places and assassinations of government officials and activists.
      • Use of Child Soldiers: The recruitment and use of child soldiers by the Taliban have been well-documented.
      • Summary Executions and Punishments: The Taliban has carried out summary executions and severe punishments without due process, violating protections for detainees and the principle of fair treatment.

      ISIS-K

      ISIS-K, an affiliate of the Islamic State operating in Afghanistan, is notorious for its brutal tactics:

      • Massacres and Bombings: ISIS-K has conducted mass casualty attacks, including suicide bombings in crowded areas like markets, mosques, and schools, with the intent of causing maximum civilian harm.
      • Sectarian Violence: The group has targeted ethnic and religious minorities, particularly the Shia Hazara community, in attempts to incite sectarian violence.

      Afghan Government Forces

      Afghan National Defense and Security Forces (ANDSF) have also been involved in IHL violations:

      • Indiscriminate Attacks: There have been instances where ANDSF operations, including airstrikes and artillery shelling, have resulted in significant civilian casualties due to lack of distinction between combatants and non-combatants.
      • Torture and Ill-Treatment: Reports of torture and ill-treatment of detainees by Afghan forces highlight failures to adhere to humane treatment standards mandated by IHL.

      International Coalition Forces

      International forces, particularly those led by the United States and NATO, have also faced allegations of IHL violations:

      • Civilian Casualties: Airstrikes and night raids by coalition forces have sometimes resulted in high civilian casualties, raising concerns about adherence to proportionality and distinction principles.
      • Detention Practices: There have been reports of mistreatment of detainees held by international forces, including allegations of torture and unlawful detention.

      Conclusion

      The conflict in Afghanistan is marked by widespread and systematic violations of IHL by all major parties involved. The Taliban and ISIS-K have engaged in deliberate targeting of civilians and other grave breaches. Afghan government forces and international coalition forces have also been responsible for actions resulting in civilian harm and mistreatment of detainees. These violations highlight the urgent need for accountability and stronger adherence to IHL to protect civilians and ensure humane conduct in conflict.

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