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Himanshu Kulshreshtha
Himanshu KulshreshthaElite Author
Asked: May 27, 20242024-05-27T20:53:31+05:30 2024-05-27T20:53:31+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
      2024-05-27T20:53:57+05:30Added an answer on May 27, 2024 at 8:53 pm

      The conflict in Afghanistan has involved multiple parties, including government forces, insurgent groups, foreign military forces, and militias, each with their own roles and responsibilities regarding the adherence to International Humanitarian Law (IHL). Violations of IHL have occurred on all sides of the conflict, leading to civilian casualties, displacement, and widespread human suffering. Here's an overview of the roles of various conflicting parties in the violation of IHL in Afghanistan:

      1. Government Forces: The Afghan National Security Forces (ANSF), including the Afghan National Army (ANA) and Afghan National Police (ANP), have been accused of violating IHL principles in their operations against insurgent groups. Allegations against government forces include indiscriminate attacks on civilians, extrajudicial killings, torture, and arbitrary detention. Furthermore, reports have highlighted instances of corruption, mismanagement, and lack of accountability within the security forces, leading to impunity for human rights abuses.

      2. Insurgent Groups: Insurgent groups, including the Taliban, Haqqani Network, and other armed factions, have been responsible for numerous violations of IHL, including attacks on civilians, indiscriminate bombings, and the use of improvised explosive devices (IEDs) in populated areas. Insurgents have also targeted humanitarian workers, journalists, and civil society activists, impeding the delivery of humanitarian assistance and violating principles of neutrality and impartiality. Additionally, reports have documented instances of recruitment of child soldiers and the imposition of strict codes of conduct that violate fundamental human rights.

      3. Foreign Military Forces: International military forces, including the United States-led coalition and NATO troops, have been involved in the conflict in Afghanistan since 2001. Allegations of IHL violations by foreign forces include civilian casualties resulting from airstrikes, night raids, and drone attacks, as well as reports of torture, abuse, and mistreatment of detainees in detention facilities operated by foreign military forces. Moreover, controversies surrounding the use of controversial interrogation techniques, such as waterboarding and stress positions, have raised concerns about compliance with IHL norms and standards.

      4. Militias and Paramilitary Groups: Various militias and paramilitary groups operating in Afghanistan, often with the support or patronage of local warlords or political factions, have been implicated in widespread human rights abuses and violations of IHL. These groups have been accused of engaging in extortion, kidnapping, sexual violence, and targeted killings, contributing to a climate of lawlessness and insecurity in many parts of the country. Additionally, militias have sometimes operated outside the control of government authorities, exacerbating challenges related to accountability and oversight.

      In conclusion, the conflict in Afghanistan has involved multiple conflicting parties, each of which has been implicated in violations of International Humanitarian Law. These violations have resulted in civilian casualties, displacement, and widespread human suffering, undermining efforts to achieve peace, stability, and respect for human rights in Afghanistan. Addressing the root causes of IHL violations and holding perpetrators accountable are essential steps towards ending impunity and promoting reconciliation and justice in the country.

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