Armed conflict in Afghanistan and international humanitarian law.
Journal Title: Наукові праці Національного університету «Одеська юридична академія» - Year 2018, Vol 22, Issue
Abstract
The armed conflict in Afghanistan is one of the most protracted conflicts in modern history, which began in 1978 and continues to this day. The main stages of this «military drama», which lasts for 40 years, are determined by political events of national and global character and are conditioned by the dynamics of their development. The international regulatory framework for the application of international humanitarian law to international armed conflict is, above all, the Geneva Conventions of 12 August 1949 and the Additional Protocol to the Geneva Conventions. Afghanistan as a subject of international relations ratified all four Geneva Conventions in 1956 and joined two additional protocols in June 2009. This circumstance raises the question of its applicability to a continuous armed conflict in this country. The provisions of Article 3 of the Geneva Conventions, as well as Additional Protocol II, apply to an armed conflict in Afghanistan. However, it is ambiguous to understand to which parties to the conflict these international legal norms apply. If the application of these norms to the actions of the armed forces of the Government of Afghanistan and anti-government forces does not raise objections, questions arise about their application to the action of the international coalition forces. Despite this, there is no doubt that customary international humanitarian law should apply to government and international armed forces, as well as to all armed anti-government groups.
Authors and Affiliations
Х. Бехруз
Keywords
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