Accountability For Extrajudicial Killings By Afghan Security Forces
Extrajudicial killings, where individuals are killed without due process of law, represent a serious breach of both domestic and international human rights standards. In the context of Afghanistan, extrajudicial killings have been a recurring problem, particularly by state and non-state actors, including Afghan security forces, which include the Afghan National Army (ANA), Afghan National Police (ANP), and various paramilitary forces. These violations often went unpunished due to a mix of weak judicial systems, political instability, and corruption.
Key Legal Framework:
International Law: Afghanistan, as a signatory to international conventions like the International Covenant on Civil and Political Rights (ICCPR), Convention Against Torture (CAT), and the Geneva Conventions of 1949, is bound by international legal standards prohibiting extrajudicial executions, torture, and other abuses. The ICCPR, under Article 6, guarantees the right to life, stating no one shall be arbitrarily deprived of life. Any killing outside of the judicial process is unlawful unless it meets the conditions under international humanitarian law, like during armed conflict.
Afghan Domestic Law: The Afghan Penal Code, particularly under the Afghan Constitution (2004), prohibits unlawful killings, and those responsible for extrajudicial killings can face prosecution. However, enforcement and implementation are often impeded by political influence, lack of resources, and threats of retaliation against victims' families.
1. The Case of Mazar-i-Sharif (2001)
In the aftermath of the U.S. invasion in 2001, and the subsequent fall of the Taliban, various warlords and militia groups were integrated into the Afghan government, which led to widespread human rights abuses, including extrajudicial killings.
A significant case involves the massacre of Taliban prisoners in Mazar-i-Sharif during November 2001. As U.S. forces advanced, Taliban fighters were captured by the Northern Alliance forces. They were then transferred to a holding facility, and a large number of prisoners—some estimates suggest up to 2,000—were killed in cold blood, allegedly under the orders of warlords, including General Abdul Rashid Dostum. The prisoners were either shot or suffocated in container trucks.
Legal and Accountability Issues:
While there were many calls for justice from human rights organizations like Human Rights Watch, no serious legal action was taken at the time.
In 2005, the United Nations’ Special Rapporteur on Extrajudicial Executions reported that these killings could be classified as war crimes.
Despite this, Dostum (a key figure in the government) faced no formal prosecution, underlining the difficulties of holding powerful Afghan officials accountable.
2. The Kunduz Massacre (2015)
In 2015, the Taliban launched an assault on the city of Kunduz, which briefly fell under their control. During this time, Afghan National Security Forces (ANSF), including both police and army personnel, were accused of extrajudicial killings and abuses against both Taliban combatants and civilians.
Several reports indicated that Afghan forces carried out retaliatory killings, executing suspected Taliban sympathizers or anyone with perceived ties to the insurgency. For example, multiple cases were reported where civilians who had fled the Taliban or were suspected of aiding them were executed without trial.
Legal and Accountability Issues:
The Afghan Independent Human Rights Commission (AIHRC) conducted investigations but failed to bring charges against the perpetrators.
The lack of accountability was compounded by the security situation, which meant that many perpetrators were either not identified or were too powerful to be prosecuted.
International condemnation of these extrajudicial killings was widespread, but accountability remained elusive due to the fractured state of Afghan governance.
3. The Case of Targeted Killings in Helmand Province (2017-2018)
Helmand Province, long considered a Taliban stronghold, saw extensive violence during the Afghan government’s counter-insurgency operations. In a number of cases during 2017 and 2018, Afghan National Police and special forces were accused of conducting extrajudicial killings of both civilians and suspected Taliban members.
A notable case involved the shooting of several male civilians who were allegedly accused of being Taliban sympathizers. These individuals were detained in the middle of the night by Afghan special forces, transported to a remote location, and executed without trial.
Legal and Accountability Issues:
The AIHRC documented these killings and highlighted the problem of impunity within the Afghan security forces, noting that there were instances where victims' families were threatened with violence if they pursued justice.
International bodies like the UN Assistance Mission in Afghanistan (UNAMA) have repeatedly urged the Afghan government to hold security forces accountable, but the lack of independent oversight mechanisms and the reluctance of local officials to prosecute their peers created an environment of impunity.
4. The Case of Mass Graves in Ghazni (2018)
In Ghazni province, mass graves were discovered in 2018, revealing the scale of extrajudicial killings carried out by Afghan government forces. These mass graves were located in areas that had been controlled by Afghan military forces during anti-Taliban operations. Many of the victims were believed to have been executed after being accused of collaborating with the insurgency.
Legal and Accountability Issues:
Investigations by the AIHRC and the United Nations found evidence that Afghan forces had committed atrocities, but no one was brought to trial.
Despite widespread documentation and calls for justice, the Afghan government faced significant difficulties in addressing these cases, as powerful individuals within the government were implicated in the killings.
The discovery of mass graves provided a grim reminder of the continuing culture of impunity within Afghan security forces, where even the discovery of such evidence did not lead to widespread accountability.
5. The Case of Civilian Executions During the Afghan Peace Process (2020-2021)
During the peace talks between the Taliban and the Afghan government from 2020 to 2021, there was a significant uptick in extrajudicial killings, both by the Taliban and by Afghan security forces. Government forces were accused of executing prisoners, often suspected Taliban members, to send a message or to retaliate against insurgent attacks.
One particular case involved the execution of several individuals in the capital, Kabul, who were alleged Taliban sympathizers. These people were detained, subjected to torture, and then summarily executed. The executions were often carried out by police or military personnel.
Legal and Accountability Issues:
Human rights groups like Amnesty International and Human Rights Watch reported on these killings, calling them clear violations of international law.
The Afghan government's response was to promise investigations, but there was no meaningful accountability. Many soldiers and police involved in the executions were either never identified or were shielded from prosecution by their superiors.
As the Afghan state faced increasing instability and the eventual collapse of the government in 2021, these cases became even harder to investigate and prosecute.
Conclusion:
The lack of accountability for extrajudicial killings by Afghan security forces illustrates the larger issues of impunity, weak governance, and entrenched corruption within the Afghan state. Despite international legal obligations and calls for justice, powerful figures often avoided prosecution, contributing to a cycle of violence and further undermining the rule of law. It remains a key challenge for both the Afghan judicial system and the international community to ensure that those responsible for these atrocities face justice. The broader problem of impunity within security forces continues to plague Afghanistan, despite the presence of international oversight mechanisms.
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