War Crimes In Afghanistan
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War crimes in Afghanistan covers the period of conflict from 1979 to the present. Starting with the
Soviet invasion of Afghanistan The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, it was nominally a federal union of fifteen national ...
in 1979, 40 years of civil war in various forms has wracked Afghanistan. War crimes have been committed by all sides. Since the
Taliban The Taliban (; ps, طالبان, ṭālibān, lit=students or 'seekers'), which also refers to itself by its state (polity), state name, the Islamic Emirate of Afghanistan, is a Deobandi Islamic fundamentalism, Islamic fundamentalist, m ...
's emergence in the 1990s its crimes include
extrajudicial killing An extrajudicial killing (also known as extrajudicial execution or extralegal killing) is the deliberate killing of a person without the lawful authority granted by a judicial proceeding. It typically refers to government authorities, whether ...
s of civilians during its period running the
Islamic Emirate of Afghanistan Afghanistan, officially the Islamic Emirate of Afghanistan,; prs, امارت اسلامی افغانستان is a landlocked country located at the crossroads of Central Asia and South Asia. Referred to as the Heart of Asia, it is bordere ...
, systematic killings of civilians and
wartime sexual violence Wartime sexual violence is rape or other forms of sexual violence committed by combatants during armed conflict, war, or military occupation often as spoils of war, but sometimes, particularly in ethnic conflict, the phenomenon has broader ...
during the 2010s, and executions of civilians during the
2021 Taliban offensive A military offensive by the Taliban insurgent group and other allied militants led to the fall of the Islamic Republic of Afghanistan based in Kabul and marked the end of the nearly 20-year-old War in Afghanistan, that had begun following the ...
.


Taliban


Extrajudicial killings of civilians


Islamic Emirate of Afghanistan (1996–2001)

In its military takeover of
Mazar-i-Sharif , official_name = , settlement_type = City , image_skyline = , pushpin_map = Afghanistan#Bactria#West Asia , pushpin_label = Mazar-i-Sharif , pushpin ...
starting on 8 August 1998, the Taliban shot dead and slit the throats of civilians, mostly
Hazaras The Hazaras ( fa, , Həzārə; haz, , Āzərə) are an ethnic group and the principal component of the population of Afghanistan, native to, and primarily residing in the Hazaristan (Hazarajat) region in central Afghanistan and generally scatt ...
, and some
Tajiks Tajiks ( fa, تاجيک، تاجک, ''Tājīk, Tājek''; tg, Тоҷик) are a Persian-speaking Iranian ethnic group native to Central Asia, living primarily in Afghanistan, Tajikistan, and Uzbekistan. Tajiks are the largest ethnicity in Tajik ...
and
Uzbeks The Uzbeks ( uz, , , , ) are a Turkic ethnic group native to the wider Central Asian region, being among the largest Turkic ethnic group in the area. They comprise the majority population of Uzbekistan, next to Kazakh and Karakalpak mino ...
, from around 10:30 until midday. Executions continued through to 13 or 14 August. The Taliban carried out massacres in May 2000 and January 2001, primarily of Hazaras. In the May 2000 Robotak Pass massacre, 31 people were killed by Taliban forces, among whom 26 were "positively identified as civilians" by
Human Rights Watch Human Rights Watch (HRW) is an international non-governmental organization, headquartered in New York City, that conducts research and advocacy on human rights. The group pressures governments, policy makers, companies, and individual human r ...
(HRW). For four days starting on 8 January 2001, Taliban forces shot dead 170 civilians in
Yakawlang Yakawlang (also romanized as Yakaolang) ( fa, یکاولنگ) was a city of 65,000 people (est. 2000) in Yakawlang District, Bamyan Province, Afghanistan. It is the capital of Yakawlang District with an altitude of . It was significantly destr ...
by firing squad.


Armed opposition (2001–2021)

The Afghanistan Independent Human Rights Commission (AIGRC) called the Taliban's terrorism against the Afghan civilian population a war crime. According to Amnesty International, the Taliban commit war crimes by targeting civilians, including killing teachers, abducting aid workers and burning school buildings. Amnesty International said that 756 civilians were killed in 2006 from Taliban road bombs or suicide bombers. In 2010, the Taliban systematically killed civilians in Afghanistan, usually based on the claim that the victims supported the Afghan government. A journalist interviewed by
Amnesty International Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says it has more than ten million members and sup ...
said that village elders refusing to cooperate with the Taliban were executed and posthumously accused of being "American spies". NATO has alleged that the Taliban have used civilians as
human shield A human shield is a non-combatant (or a group of non-combatants) who either volunteers or is forced to shield a legitimate military target in order to deter the enemy from attacking it. The use of human shields as a resistance measure was popula ...
s. As an example, NATO pointed to the victims of NATO air strikes in Farah province in May 2009, during which the Afghan government claims up to 150 civilians were killed. NATO stated it had evidence the Taliban forced civilians into buildings likely to be targeted by NATO aircraft involved in the battle. A spokesman for the ISAF commander said: "This was a deliberate plan by the Taliban to create a civilian casualty crisis. These were not human shields; these were human sacrifices. We have intelligence that points to this." According to the US State Department, the Taliban committed human rights violations against women in Afghanistan. In 2011, ''The New York Times'' reported that the Taliban was responsible for of all civilian deaths in the war in Afghanistan. United Nations reports have consistently blamed the Taliban and other anti-government forces for the majority of civilian deaths in the conflict. In 2013 the UN stated that the Taliban had been placing bombs along transit routes. In 2015, Amnesty International reported that the Taliban committed mass murder and gang rape of Afghan civilians in Kunduz. Taliban fighters killed and raped female relatives of police commanders and soldiers as well as midwives. One female human rights activist described the situation in the following manner:
"When the Taliban asserted their control over Kunduz, they claimed to be bringing law and order and Shari'a to the city. But everything they've done has violated both. I don't know who can rescue us from this situation."
In 2015 in
Kunduz , native_name_lang = prs , other_name = , settlement_type = City , image_skyline = Kunduz River valley.jpg , imagesize = 300 , image_alt = , image_caption = , image_ ...
, Taliban death squads used a hit list of civilians – "activists, journalists and civil servants", carried out house-to-house searches and killed them. Taliban forces entered the house of a wounded woman and shot her fatally in the head.


2021 Taliban offensive

During the first half of 2021, Taliban forces were responsible for killing 699 civilians according to
United Nations Assistance Mission in Afghanistan The United Nations Assistance Mission in Afghanistan ('UNAMA'') is a UN Special Political Mission tasked with assisting the people of Afghanistan. UNAMA was established on 28 March 2002 by United Nations Security Council Resolution 1401. Revie ...
(UNAMA) or 917 according to the
Afghan Independent Human Rights Commission The Afghan Independent Human Rights Commission (AIHRC) (Dari:کمیسیون مستقل حقوق بشر افغانستان, ps, د افغانستان د بشري حقونو خپلواک کميسيون) is a national human rights institution that was ...
(AIHRC). The Taliban were responsible for "the vast majority" of the destruction and looting of private homes and civilian infrastructure during May and June, according to UNAMA. The US and other countries started to pull out remaining troops in early 2021. On 12 May 2021, Sohail Pardis, who had worked for 16 months as a translator for
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
armed forces in Afghanistan, was
beheaded Decapitation or beheading is the total separation of the head from the body. Such an injury is invariably fatal to humans and most other animals, since it deprives the brain of oxygenated blood, while all other organs are deprived of the ...
by the Taliban after being taken outside of his car. On 16 June, in Dawlat Abad, 22 unarmed Afghan Special Forces commandos were executed while attempting to surrender to Taliban forces. A video of the event circulated widely and was broadcast by
CNN CNN (Cable News Network) is a multinational cable news channel headquartered in Atlanta, Georgia, U.S. Founded in 1980 by American media proprietor Ted Turner and Reese Schonfeld as a 24-hour cable news channel, and presently owned by ...
. Samira Hamidi of Amnesty International described the event as "the cold-blooded murder of surrendering soldiers – a war crime". She called for the event to be investigated as part of the
International Criminal Court investigation in Afghanistan International is an adjective (also used as a noun) meaning "between nations". International may also refer to: Music Albums * ''International'' (Kevin Michael album), 2011 * ''International'' (New Order album), 2002 * ''International'' (The T ...
. In July 2021 in
Kandahar Kandahar (; Kandahār, , Qandahār) is a List of cities in Afghanistan, city in Afghanistan, located in the south of the country on the Arghandab River, at an elevation of . It is Afghanistan's second largest city after Kabul, with a population ...
, Taliban forces extrajudicially executed critics and people thought to have been members of province-level governments and their relatives. Patricia Gossman of
HRW Human Rights Watch (HRW) is an international non-governmental organization, headquartered in New York City, that conducts research and advocacy on human rights. The group pressures governments, policy makers, companies, and individual human ri ...
stated that the "Taliban commanders with oversight over such atrocities are also responsible for war crimes". She described the executions as "demonstrat ngthe willingness of Taliban commanders to violently crush even the tamest criticism or objection". Estimates of the number of civilians arbitrarily detained in the Taliban mid-July takeover of
Spin Boldak Spin Boldak ( ps, سپین بولدک) is a border town and the headquarters of Spin Boldak District in the southern Kandahar province of Afghanistan, next to the border with Pakistan. It is linked by a highway with the city of Kandahar to the n ...
range from 380 to 900, with the number arbitrarily executed ranging from 40 to 100. In early July 2021 in
Malestan District Malistan or Malestan ( prs, مالستان), is a district in Ghazni province, Afghanistan. Its population, which is 100% Hazara, was estimated at 350,000 in 2009. The district capital is Mir Adina. History During the period of Dost Mohammad K ...
, Taliban forces killed civilians, looted private properties, set them on fire, and destroyed and looted shops. During 4–6 July 2021 in Mundarakht in Malestan District, the Taliban extrajudicially executed nine
Hazaras The Hazaras ( fa, , Həzārə; haz, , Āzərə) are an ethnic group and the principal component of the population of Afghanistan, native to, and primarily residing in the Hazaristan (Hazarajat) region in central Afghanistan and generally scatt ...
. Hazaras have previously been persecuted by the Taliban. Three were tortured by Taliban security forces prior to their executions: Wahed Qaraman's legs and arms were broken, his hair was pulled out and he was beaten in the face; Jaffar Rahimi was severely beaten and strangled to death with his scarf; Sayed Abdul Hakim was beaten, had his arms tied and his legs shot before he was shot in the chest. Three were executed at a Taliban checkpoint and the other three were executed in Mundarakht. On 15 July 2021,
photojournalist Photojournalism is journalism that uses images to tell a news story. It usually only refers to still images, but can also refer to video used in broadcast journalism. Photojournalism is distinguished from other close branches of photography (such ...
Danish Siddiqui Danish Siddiqui (19 May 1983 – 16 July 2021) was an Indian photojournalist based in Delhi, who used to lead the national Reuters multimedia team and was Chief Photographer India. He received his first 2018 Pulitzer Prize for Feature Photogra ...
was killed in Spin Boldak, either in crossfire between Afghan National Security Forces (ANSF) and the Taliban or by execution after being captured by the Taliban. His body was mutilated, leaving his face unrecognisable and tyre marks on his face and chest. On 22 July 2021, a popular comedian, Nazar Mohammad, known as "Khasha Zwan", was executed by the Taliban in Kandahar Province. In late July, four security force personnel and a hospital worker from
Shakardara District Shakardara District is situated in the central part of Kabul Province, Afghanistan. It has a population of 3,000 people, with another 10,000 expected to return from abroad (2002 official UNHCR est.). Shakardara district borders Parvan Province t ...
were
torture Torture is the deliberate infliction of severe pain or suffering on a person for reasons such as punishment, extracting a confession, interrogation for information, or intimidating third parties. Some definitions are restricted to acts c ...
d by Taliban forces and executed. The cousin of one of the victims, Abdul Rahman, stated that the Taliban removed his cousin's eyes and tongue and ran a car over him before shooting him. A commander in the Afghan forces, Abdul Hamid, was executed by the Taliban near
Herat Herāt (; Persian: ) is an oasis city and the third-largest city of Afghanistan. In 2020, it had an estimated population of 574,276, and serves as the capital of Herat Province, situated south of the Paropamisus Mountains (''Selseleh-ye Safēd ...
after being taken prisoner. On 6 August 2021, Taliban forces claimed responsibility for the 5 August assassination of Dawa Khan Menapal, head of the governmental media and information centre, in Kabul. On the same day, during which the Taliban took control of
Zaranj Zaranj or Zarang (Persian/Pashto/ bal, زرنج) is a city in southwestern Afghanistan, near the border with Iran, which has a population of 160,902 people as of 2015. It is the capital of Nimruz Province and is linked by highways with Lashkargah ...
, human rights activist Laal Gul Laal stated that the execution of 30 soldiers by the Taliban was a war crime. According to
TOLOnews TOLOnews (Pashto/Persian: ) is Afghanistan's first 24/7 news television channel, owned by MOBY Group, launched in August, 2010. Its sister channels are TOLO TV and Lemar TV in Afghanistan. The channel is available on terrestrial across Afghanist ...
, some of the soldiers were tortured and had their eyes removed by the Taliban before they were killed. The Taliban stated that the soldiers had been killed in combat. On 21 August 2021, a video showing Haji Mullah Achakzai, the ex-police chief of Badghis province, was shown blindfolded and restrained before he was shot to death by Taliban fighters at close range. It was reported on 30 August 2021 that Ghulam Sakhi Akbari, ex-police chief of Farha province, was killed at the Kabul-Kandahar highway. On 2 September 2021, folk singer Fawad Andarab was executed by Taliban fighters after being taken from his house in Andarab Valley. On 5 September 2021, Arabic-speaking Taliban fighters were singled out as the culprits for murdering a pregnant ex-police officer named Banu Negar in Firozkoh. According to Negar's family, she was eight months pregnant when three Taliban gunmen arrived at her family's house and tied up all of its occupants, before beating and shooting Negar dead in front of her husband and children. According to a Human Rights Watch's report released in November 2021, the Taliban killed or forcibly disappeared more than 100 former members of the Afghan security forces in the three months since the takeover in just the four provinces of Ghazni, Helmand, Kandahar, and Kunduz. According to the report, the Taliban identified targets for arrest and execution through intelligence operations and access to employment records that were left behind. Former members of the security forces were also killed by the Taliban within days of registering with them to receive a letter guaranteeing their safety.


Panjshir conflict

During the Panjshir conflict, the Taliban were accused of extrajudicial executions and blocking food supplies. A tribal elder said eight civilians were executed by them on 7 September.
Amrullah Saleh Amrullah Saleh (Pashto/ prs, امرالله صالح, ; born 15 October 1972) is an Afghan politician who served as the first vice president of Afghanistan from February 2020 to August 2021, and acting interior minister from 2018 to 2019. He ...
's son Shuresh stated that his father's brother Rohullah Azizi, who had been executed alongside his driver on 9 September by the Taliban, after being stopped at a checkpoint. An investigative report published by the
BBC #REDIRECT BBC #REDIRECT BBC Here i going to introduce about the best teacher of my life b BALAJI sir. He is the precious gift that I got befor 2yrs . How has helped and thought all the concept and made my success in the 10th board exam. ...
...
on 13 September concluded that the Taliban had executed at least 20 civilians in Panjshir since they entered the valley at the beginning of September.
Agence France-Presse Agence France-Presse (AFP) is a French international news agency headquartered in Paris, France. Founded in 1835 as Havas, it is the world's oldest news agency. AFP has regional headquarters in Nicosia, Montevideo, Hong Kong and Washington, D.C ...
reporters, allowed into Panjshir on 15 September, interviewed residents who claimed the Taliban had executed 19 civilians between the village of Khenj and Bazarak, and prevented civilians from fleeing the province in order to use them as human shields.


Sexual violence

In 2015 in Kunduz, Taliban forces carried out rape, including
gang rape Gang rape, also called serial gang rape, group rape, or multiple perpetrator rape in scholarly literature,Ullman, S. E. (2013). 11 Multiple perpetrator rape victimization. Handbook on the Study of Multiple Perpetrator Rape: A Multidisciplinary Re ...
. One woman was gang-raped and executed by the Taliban as punishment for having provided
reproductive health Sexual and reproductive health (SRH) is a field of research, healthcare, and social activism that explores the health of an individual's reproductive system and sexual wellbeing during all stages of their life. The term can also be further de ...
services to women.


Analysis

Officially, the Taliban has policies forbidding its members from killing civilians, cutting off certain body parts (e.g., noses and ears), or employing
suicide attack A suicide attack is any violent Strike (attack), attack, usually entailing the attacker detonating an explosive, where the attacker has suicide, accepted their own death as a direct result of the attacking method used. Suicide attacks have oc ...
s against targets lacking significant military value. It has established nominally independent commissions and disseminated phone numbers for anonymous reporting of incidents involving civilian attacks by its members, many of whom have been expelled or severely punished for violations. Despite these efforts, thousands of Afghan civilians have been killed in Taliban attacks since 2001, with the
United Nations Assistance Mission in Afghanistan The United Nations Assistance Mission in Afghanistan ('UNAMA'') is a UN Special Political Mission tasked with assisting the people of Afghanistan. UNAMA was established on 28 March 2002 by United Nations Security Council Resolution 1401. Revie ...
(UNAMA) attributing 74% of Afghan civilian casualties in 2013 to the Taliban. Max Abrahms states that the Taliban's leadership suffers from acute
command and control Command and control (abbr. C2) is a "set of organizational and technical attributes and processes ... hatemploys human, physical, and information resources to solve problems and accomplish missions" to achieve the goals of an organization or en ...
problems due to the fractious nature of the organization and the impact of
targeted killing Targeted killing is a form of murder or assassination carried out by governments outside a judicial procedure or a battlefield. Since the late 20th century, the legal status of targeted killing has become a subject of contention within and betw ...
s of high-ranking Taliban officials by the U.S. military, which have tended to empower younger commanders more inclined to lash out against the civilian population. Abrahms found that when civilians are harmed, the Taliban often denies responsibility for attacks, sometimes even retracting initial claims of responsibility due to a mounting civilian death toll.


Soviet Union


Northern Alliance

In December 2001, the
Dasht-i-Leili massacre The Dasht-i-Leili massacre occurred in December 2001 during the U.S. invasion of Afghanistan when 250 to 2,000 Taliban prisoners were shot and/or suffocated to death in metal shipping containers while being transferred by Junbish-i Milli soldi ...
took place, where between 250 and 3,000 Taliban fighters who had surrendered, were shot and/or suffocated to death in metal truck containers during transportation by Northern Alliance forces. Reports place US ground troops at the scene.Dasht-e-Leili Photos; Sheberghan Prison and Pit Locations at Dasht-e-Leili
, Physicians for Human Rights, Retrieved 19 February 2012.
The Irish documentary '' Afghan Massacre: The Convoy of Death'' investigated these allegations and claimed that
mass graves A mass grave is a grave containing multiple human corpses, which may or may Unidentified decedent, not be identified prior to burial. The United Nations has defined a criminal mass grave as a burial site containing three or more victims of executi ...
of thousands of victims were found by UN investigators and that the US blocked investigations into the incident.


NATO and allies


2002 prisoner torture at Bagram Theater Internment Facility

In 2002, two unarmed civilian Afghan prisoners were tortured and later killed by
US armed forces The United States Armed Forces are the military forces of the United States. The armed forces consists of six service branches: the Army, Marine Corps, Navy, Air Force, Space Force, and Coast Guard. The president of the United States is the ...
personnel at the
Bagram Theater Internment Facility The Parwan Detention Facility (also called Detention Facility in Parwan or Bagram prison) is Afghanistan's main military prison. Situated next to the Bagram Air Base in the Parwan Province of Afghanistan, the prison was built by the U.S. during t ...
(also ''Bagram Collection Point'' or ''B.C.P.'') in
Bagram Bagram (; Pashto/ fa, بگرام) is a town and seat in Bagram District in Parwan Province of Afghanistan, about 60 kilometers north of the capital Kabul. It is the site of an ancient city located at the junction of the Ghorband and Panjshir Va ...
, Afghanistan. The prisoners, Habibullah and Dilawar, were chained to the ceiling and beaten, which caused their deaths. Military
coroners A coroner is a government or judicial official who is empowered to conduct or order an inquest into the manner or cause of death, and to investigate or confirm the identity of an unknown person who has been found dead within the coroner's jur ...
ruled that both the prisoners' deaths were homicides.
Autopsies An autopsy (post-mortem examination, obduction, necropsy, or autopsia cadaverum) is a surgical procedure that consists of a thorough examination of a corpse by dissection to determine the cause, mode, and manner of death or to evaluate any d ...
revealed severe trauma to both prisoners' legs, describing the trauma as comparable to being run over by a bus. Fifteen soldiers were charged.


2003 homicide of Abdul Wali

On 21 June 2003, David Passaro, a
CIA The Central Intelligence Agency (CIA ), known informally as the Agency and historically as the Company, is a civilian intelligence agency, foreign intelligence service of the federal government of the United States, officially tasked with gat ...
contractor and former
United States Army Ranger United States Army Rangers, according to the US Army's definition, are personnel, past or present, in any unit that has the official designation "Ranger". The term is commonly used to include graduates of the US Army Ranger School, even if t ...
, killed Abdul Wali, a prisoner at a US base south of Asadabad, in
Kunar Province Kunar (Pashto: ; Dari: ) is one of the 34 provinces of Afghanistan, located in the northeastern part of the country. Its capital is Asadabad. Its population is estimated to be 508,224. Kunar's major political groups include Wahhabis or Ahl-e- Ha ...
. Passaro was found guilty of one count of felony assault with a dangerous weapon and three counts of misdemeanor assault. On 10 August 2009, he was sentenced to 8 years and 4 months in prison.


2010 Kandahar homicides

During the summer of 2010, ISAF charged five United States Army soldiers with the murder of three Afghan civilians in Kandahar province and collecting their body parts as trophies in what came to be known as the Maywand District murders. In addition, seven soldiers were charged with crimes such as
hashish Hashish ( ar, حشيش, ()), also known as hash, "dry herb, hay" is a drug made by compressing and processing parts of the cannabis plant, typically focusing on flowering buds (female flowers) containing the most trichomes. European Monitorin ...
use, impeding an investigation and attacking the
whistleblower A whistleblower (also written as whistle-blower or whistle blower) is a person, often an employee, who reveals information about activity within a private or public organization that is deemed illegal, immoral, illicit, unsafe or fraudulent. Whi ...
, Specialist Justin Stoner. Eleven of the twelve soldiers were convicted on various counts.


2011 Helmand murder

A British Royal Marine Sergeant, identified as Sergeant Alexander Blackman from Taunton, Somerset, was convicted at court martial in
Wiltshire Wiltshire (; abbreviated Wilts) is a historic and ceremonial county in South West England with an area of . It is landlocked and borders the counties of Dorset to the southwest, Somerset to the west, Hampshire to the southeast, Gloucestershire ...
of the murder of an unarmed, reportedly wounded, Afghan fighter in
Helmand Province Helmand (Pashto/Dari: ; ), also known as Hillmand, in ancient times, as Hermand and Hethumand, is one of the 34 provinces of Afghanistan Afghanistan is divided into 34 provinces (, '' wilåyat''). The provinces of Afghanistan are the primar ...
in September 2011. In 2013, he received a life sentence from the court martial in Bulford, Wiltshire, and was dismissed with disgrace from the Royal Marines. In 2017, after appeal to the Court Martial Appeal Court (CMAC), his conviction was lessened to manslaughter on the grounds of
diminished responsibility In criminal law, diminished responsibility (or diminished capacity) is a potential defense by excuse by which defendants argue that although they broke the law, they should not be held fully criminally liable for doing so, as their mental f ...
and the sentence was reduced to seven years effectively releasing Blackman due to time served.


2012 Kandahar massacre

On 11 March 2012, the
Kandahar massacre The Kandahar massacre, also called the Panjwai massacre, was a mass murder that occurred in the early hours of 11 March 2012, when United States Army Staff Sergeant Robert Bales murdered 16 Afghan civilians and wounded six others in the Panjwa ...
occurred when sixteen civilians were killed and six wounded in the
Panjwayi District Panjwayi ( ps, پنجوايي; also spelled Panjwaye, Panjwaii, Panjway, Panjawyi, Panjwa'i, or Panjwai) is a Districts of Afghanistan, district in Kandahar Province, Afghanistan. It is located about west of Kandahar. The district borders Helman ...
of
Kandahar Province Kandahār ( ps, ; Kandahār, prs, ; ''Qandahār'') is one of the thirty-four provinces of Afghanistan, located in the southern part of the country, sharing a border with Pakistan, to the south. It is surrounded by Helmand in the west, Uruzgan ...
, Afghanistan. Nine of the victims were children, and eleven of the dead were from the same family.
United States Army The United States Army (USA) is the land service branch of the United States Armed Forces. It is one of the eight U.S. uniformed services, and is designated as the Army of the United States in the U.S. Constitution.Article II, section 2, cla ...
Staff Sergeant Staff sergeant is a rank of non-commissioned officer used in the armed forces of many countries. It is also a police rank in some police services. History of title In origin, certain senior sergeants were assigned to administrative, supervi ...
Robert Bales Robert Bales (born June 30, 1973) is a former United States Army sniper who fatally shot or stabbed 16 Afghan civilians in a mass murder in Panjwayi District, Kandahar Province, Afghanistan, on March 11, 2012 – an event known as the Kandahar ...
was taken into custody and charged with sixteen counts of
premeditated murder Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the c ...
. Bales pleaded guilty to sixteen counts of premeditated murder as part of a plea deal to avoid a death sentence, and was subsequently sentenced to life in prison without parole and dishonorably discharged from the United States Army.


2014 Amnesty International allegations

In November 2014,
Amnesty International Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says it has more than ten million members and sup ...
accused
the Pentagon The Pentagon is the headquarters building of the United States Department of Defense. It was constructed on an accelerated schedule during World War II. As a symbol of the U.S. military, the phrase ''The Pentagon'' is often used as a metony ...
of covering up evidence related to war crimes,
torture Torture is the deliberate infliction of severe pain or suffering on a person for reasons such as punishment, extracting a confession, interrogation for information, or intimidating third parties. Some definitions are restricted to acts c ...
and unlawful killings in Afghanistan.


2015 Kunduz hospital airstrike

On 3 October 2015, a
USAF The United States Air Force (USAF) is the air service branch of the United States Armed Forces, and is one of the eight uniformed services of the United States. Originally created on 1 August 1907, as a part of the United States Army Sign ...
airstrike hit a
hospital A hospital is a health care institution providing patient treatment with specialized health science and auxiliary healthcare staff and medical equipment. The best-known type of hospital is the general hospital, which typically has an emerge ...
operated by
Doctors Without Borders Doctor or The Doctor may refer to: Personal titles * Doctor (title), the holder of an accredited academic degree * A medical practitioner, including: ** Physician ** Surgeon ** Dentist ** Veterinary physician ** Optometrist *Other roles ** ...
in Kunduz during the Battle of Kunduz. 42 people were killed and over 30 were injured in the airstrike. Zeid Ra’ad al-Hussein, the
United Nations High Commissioner for Human Rights The Office of the United Nations High Commissioner for Human Rights, commonly known as the Office of the High Commissioner for Human Rights (OHCHR) or the United Nations Human Rights Office, is a department of the Secretariat of the United Nati ...
said the airstrike may have been a war crime. Eleven days after the airstrike, a US tank entered the hospital compound. Doctors Without Borders officials said: "Their unannounced and forced entry damaged property, destroyed potential evidence and caused stress and fear for the MSF team." The
United States Central Command The United States Central Command (USCENTCOM or CENTCOM) is one of the eleven unified combatant commands of the U.S. Department of Defense. It was established in 1983, taking over the previous responsibilities of the Rapid Deployment Joint Tas ...
's investigation concluded that personnel failed to comply with the rules of engagement and the law of armed conflict, but that the airstrike was not a war crime, due to the lack of intentionality. The investigation found that the incident resulted from a mixture of human errors and equipment failures, and that none of the personnel knew they were striking a medical facility, Desk analysis by law professor
Jens David Ohlin Jens David Ohlin is an American academic administrator and legal scholar. He became the Allan R. Tessler Dean of Cornell Law School on July 1, 2021. Biography Ohlin graduated from Phillips Academy. He then received his B.A. from Skidmore Colleg ...
was inconclusive about a war crime being committed. Doctors without Borders rejected the US internal investigation, noting that it was undertaken by a party to the conflict and stated the bombing of a hospital was a violation of
international humanitarian law International humanitarian law (IHL), also referred to as the laws of armed conflict, is the law that regulates the conduct of war (''jus in bello''). It is a branch of international law that seeks to limit the effects of armed conflict by prot ...
.


2018 US snub of the International Criminal Court

In September 2018, the United States threatened to arrest and impose sanctions on
International Criminal Court The International Criminal Court (ICC or ICCt) is an intergovernmental organization and international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals ...
(ICC) judges and other officials if they charged any US soldiers who served in Afghanistan with war crimes. The US further stated it would not cooperate with the ICC if it carried out an investigation into allegations of war crimes by the US in Afghanistan. On 12 April 2019 a panel of ICC judges decided not to open an investigation regarding Afghanistan. The Court's chief prosecutor
Fatou Bensouda Fatou Bom Bensouda (; ; born 31 January 1961) is a Gambian lawyer and former Prosecutor of the International Criminal Court, Prosecutor of the International Criminal Court (ICC). She served as Prosecutor from June 2012 to June 2021, after having ...
provided a report that established "a reasonable basis" that crimes had been committed, but they decided against continuing because the US and other parties would not cooperate. In March 2020, senior judges at the ICC called for the investigation into war crimes by the US, Afghan and Taliban troops in
Afghanistan Afghanistan, officially the Islamic Emirate of Afghanistan,; prs, امارت اسلامی افغانستان is a landlocked country located at the crossroads of Central Asia and South Asia. Referred to as the Heart of Asia, it is bordere ...
, overturning the previous rejection of a probe into the US’ role in committing war crimes.


War crimes by the Australian Defence Force

Australian whistleblower
David McBride David B. McBride (born June 23, 1942) is an American politician who served in the Delaware General Assembly for forty-two years. After serving one term in the Delaware House of Representatives from the 15th district, he was elected to the Delawa ...
leaked classified documents to
ABC ABC are the first three letters of the Latin script known as the alphabet. ABC or abc may also refer to: Arts, entertainment, and media Broadcasting * American Broadcasting Company, a commercial U.S. TV broadcaster ** Disney–ABC Television ...
journalists in 2017, who went on to produce a series called The Afghan Files. The documents covered a wide range of topics, including multiple cases of unlawful killings of unarmed civilians. In response to the leak, the
Australian Federal Police The Australian Federal Police (AFP) is the national and principal federal law enforcement agency of the Australian Government with the unique role of investigating crime and protecting the national security of the Commonwealth of Australia. Th ...
raided the ABC's offices in June 2019. The Inspector-General of the Australian Defence Force publicly released a redacted version of the Afghanistan Inquiry, otherwise known as the Brereton Report, in November 2020, detailing misconduct by Australian troops in Afghanistan, predominantly the SAS. It found evidence of 39 unlawful killings by Australian forces, including murdering non-combatants and the execution of prisoners, resulting in the disbandment of an SAS squadron and a police investigation. Investigations into further unlawful killings continue among reporting of an alleged incident of Australian forces killing a bound prisoner. The platoon commander of the allegedly responsible unit,
Heston Russell Heston Russell is an Australian retired Special Forces officer. Early life and education Russell joined the Australian Army at the age of 17 and graduated from the Royal Military College of Duntroon in 2006. While at the Australian Defenc ...
, refutes these claims. On 12 November of 2020, following the completion of the Brereton Report, Prime Minister Scott Morrison established the Office of the Special Investigator. This was approved by the Governor General as an Executive Agency, with
Chris Moraitis Christos "Chris" Moraitis, (born 1962) is a senior Australian public servant, serving as Director-General of the Office of the Special Investigator. Life and career Moraitis was born in Melbourne in 1962. He joined the Australian Public Servic ...
appointed as the Director General in January 2021. During an Australian
Senate Estimates The committees of the Australian Senate are committees of Senators, established by the Australian Senate, for purposes determined by that body. Senate committees are part of the operation of the Australian parliament, and have for some decade ...
hearing in February 2023, Moraitis described the agency as "an investigative body trying to enforce Australian criminal law" and stated that they were investigating between 40 and 50 alleged offences, with the first brief of evidence being due to be handed to prosecutors in the middle of that year.


White phosphorus use

White phosphorus Elemental phosphorus can exist in several allotropes, the most common of which are white and red solids. Solid violet and black allotropes are also known. Gaseous phosphorus exists as diphosphorus and atomic phosphorus. White phosphorus White ...
has been condemned by human rights organizations as cruel and inhumane because it causes severe burns. White phosphorus burns on the bodies of civilians wounded in clashes near
Bagram Bagram (; Pashto/ fa, بگرام) is a town and seat in Bagram District in Parwan Province of Afghanistan, about 60 kilometers north of the capital Kabul. It is the site of an ancient city located at the junction of the Ghorband and Panjshir Va ...
were confirmed. The US claims at least 44 instances in which militants have used white phosphorus in weapons or attacks. In May 2009, the US confirmed that Western military forces in Afghanistan use white phosphorus to illuminate targets or as an incendiary to destroy bunkers and enemy equipment. US forces used white phosphorus to screen a retreat in the Battle of Ganjgal when regular smoke munitions were not available.


Legal investigations


International Criminal Court

An
International Criminal Court The International Criminal Court (ICC or ICCt) is an intergovernmental organization and international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals ...
(ICC) investigation in Afghanistan was authorised to proceed in 2020, after the collection of information from victims during 2017 and 2018, a 2019 request to open an investigation, a rejection of the request, and an overturning of the rejection of the request. The investigation concerns war crimes and
crimes against humanity Crimes against humanity are widespread or systemic acts committed by or on behalf of a ''de facto'' authority, usually a state, that grossly violate human rights. Unlike war crimes, crimes against humanity do not have to take place within the ...
committed since 1 May 2003, in the context of the
war in Afghanistan War in Afghanistan, Afghan war, or Afghan civil war may refer to: *Conquest of Afghanistan by Alexander the Great (330 BC – 327 BC) *Muslim conquests of Afghanistan (637–709) *Conquest of Afghanistan by the Mongol Empire (13th century), see als ...
, by the
Taliban The Taliban (; ps, طالبان, ṭālibān, lit=students or 'seekers'), which also refers to itself by its state (polity), state name, the Islamic Emirate of Afghanistan, is a Deobandi Islamic fundamentalism, Islamic fundamentalist, m ...
and affiliated armed groups, war crimes by the Afghan National Security Forces, and war crimes committed in Afghanistan, Poland, Romania and Lithuania by
United States Armed Forces The United States Armed Forces are the military forces of the United States. The armed forces consists of six service branches: the Army, Marine Corps, Navy, Air Force, Space Force, and Coast Guard. The president of the United States is the ...
and the United States
Central Intelligence Agency The Central Intelligence Agency (CIA ), known informally as the Agency and historically as the Company, is a civilian foreign intelligence service of the federal government of the United States, officially tasked with gathering, processing, ...
(CIA).


Afghan Independent Human Rights Commission

The
Afghan Independent Human Rights Commission The Afghan Independent Human Rights Commission (AIHRC) (Dari:کمیسیون مستقل حقوق بشر افغانستان, ps, د افغانستان د بشري حقونو خپلواک کميسيون) is a national human rights institution that was ...
(AIHRC) published a brief report after investigating the Taliban takeover of
Spin Boldak Spin Boldak ( ps, سپین بولدک) is a border town and the headquarters of Spin Boldak District in the southern Kandahar province of Afghanistan, next to the border with Pakistan. It is linked by a highway with the city of Kandahar to the n ...
on 14 July 2021 through "reliable local sources", and interviews with witnesses and victims' families. The AIHRC found that the Taliban forces killed 40 civilians and looted private properties, in violation of international humanitarian law.


Afghan Unlawful Killings inquiry

On March 22, 2023, the UK government launched a public inquiry into extrajudicial killings by British special forces that took place in Afghanistan between 2010 and 2013, including during the 2012 Shesh Aba raid.


See also

* Islamic State of Iraq and the Levant – Khorasan Province#Claimed and alleged attacks


References

{{Taliban war crimes in Afghanistan Taliban