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Himanshu Kulshreshtha
Himanshu KulshreshthaElite Author
Asked: May 24, 20242024-05-24T16:38:01+05:30 2024-05-24T16:38:01+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
      2024-05-24T16:38:26+05:30Added an answer on May 24, 2024 at 4:38 pm

      In Afghanistan, various conflicting parties have been implicated in violations of International Humanitarian Law (IHL), contributing to the prolonged humanitarian crisis in the country:

      1. Taliban: As a major insurgent group, the Taliban has been involved in numerous IHL violations. Their tactics often include deliberate targeting of civilians, indiscriminate attacks, and the use of improvised explosive devices (IEDs) in populated areas, all of which violate the principles of distinction and proportionality. Additionally, reports of extrajudicial killings, forced displacement, and restrictions on humanitarian access raise concerns about adherence to fundamental principles of IHL.

      2. Afghan National Security Forces (ANSF): While efforts have been made to improve the conduct of Afghan security forces, reports of human rights abuses and violations of IHL persist. Incidents of civilian casualties resulting from airstrikes, raids, and detention operations have been documented, highlighting challenges in upholding the principles of distinction and proportionality. Furthermore, allegations of torture, arbitrary detention, and other violations of international human rights law within Afghan detention facilities raise concerns about the treatment of detainees.

      3. International Military Forces: The presence of international military forces, including NATO-led forces and U.S. troops, has also been associated with IHL violations. Civilian casualties resulting from airstrikes, drone attacks, and night raids have sparked controversy and raised questions about adherence to the principles of distinction and proportionality. Additionally, reports of torture and abuse in detention facilities operated by international forces have undermined efforts to uphold human rights and IHL standards.

      4. Armed Militias and Warlords: Various armed militias and warlords operating in Afghanistan have been implicated in widespread human rights abuses and violations of IHL. These groups often engage in acts of violence against civilians, including targeted killings, extortion, and sexual violence, in pursuit of their own political or economic interests. Their actions contribute to a climate of insecurity and impunity, further exacerbating the humanitarian crisis in the country.

      5. Islamic State (IS) and Other Extremist Groups: Emerging extremist groups, such as the Islamic State Khorasan Province (ISKP), have also committed grave violations of IHL in Afghanistan. Their tactics include indiscriminate attacks on civilians, targeted killings of religious and ethnic minorities, and the use of terror to control populations. These groups show little regard for the principles of distinction and proportionality, posing significant challenges to efforts to protect civilians and uphold humanitarian standards.

      Addressing the pervasive violations of IHL in Afghanistan requires concerted efforts by all parties to the conflict to respect international legal obligations, ensure accountability for abuses, and prioritize the protection of civilians. Effective implementation of IHL and respect for human rights are essential for achieving lasting peace and stability in Afghanistan.

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