Populations at Risk Serious Concern

Afghanistan

Populations in Afghanistan are at growing risk of mass atrocity crimes as the Taliban regains territory during its ongoing armed conflict with the government.
BACKGROUND:
Since the Taliban was overthrown in 2001 by a North Atlantic Treaty Organization (NATO) coalition of military forces, it has conducted an insurgency against the internationally recognized Afghan government. While making substantial military gains during 2017, the Taliban has perpetrated indiscriminate attacks on civilians. According to the UN Assistance Mission in Afghanistan (UNAMA), civilians living in Taliban-controlled territory suffer widespread human rights abuses, including recruitment of child soldiers and extrajudicial killings.

UNAMA's quarterly report documented the deaths of 2,640 civilians between 1 January and 30 September 2017. Attacks by the Taliban and other anti-government forces remain the leading cause of casualties, but other parties to the conflict also continue to use mortars, rockets and other explosive weapons in civilian-populated areas. The UN Secretary-General's annual report on children and armed conflict also documented 3,512 children killed or maimed during 2016, marking an increase of 24 percent as compared to the previous year. Afghanistan has recorded the highest number of verified child casualties since the UN started globally documenting civilian casualties in 2009.

During 2016 the International Criminal Court (ICC) reported that the Taliban has potentially committed crimes against humanity and war crimes against civilians, particularly those perceived as supporting the Afghan government and foreign forces opposed to Taliban rule. According to the ICC, Afghan security forces and members of the United States' armed forces and intelligence services may have also committed war crimes, including torture of detainees. On 3 November the Chief Prosecutor of the ICC requested the court open a formal investigation into alleged war crimes and crimes against humanity in Afghanistan.

As the so-called Islamic State of Iraq and the Levant (ISIL) faces military defeat in Syria and Iraq, some supporters – designated the ISIL Khorasan (ISIL-K) - have begun to establish safe havens in remote areas of Afghanistan. ISIL-K has claimed responsibility for several recent terrorist bombings. A special report released by UNAMA on 7 November documented a significant increase in attacks targeting places of worship and persons exercising their right to religious worship since January 2016. Fifty-one attacks resulted in 850 civilian casualties, including 273 deaths. According to the report, since 2016 these attacks have been increasingly directed at Afghanistan's Shia minority by armed extremist groups.

According to the UN Office for the Coordination of Humanitarian Affairs, 7.4 million people in Afghanistan are in need of humanitarian assistance and over 296,000 people are internally displaced due to ongoing armed conflict.

ANALYSIS:
The Taliban, which ruled Afghanistan from 1996-2001, is an armed Sunni extremist movement. As the Taliban regains territory across Afghanistan, the number of civilians at risk of possible war crimes and crimes against humanity increases. During their sixteen-year war, both government forces and the Taliban have shown disregard for International Humanitarian Law (IHL). However, while government forces have attempted to decrease civilian casualties, Taliban and ISIL-K attacks on populated areas and civilian infrastructure continue to rise.

Unless sustained action is taken to address corruption, marginalization and political tensions within the Afghan government, conflict and insecurity will continue to grow.

The Afghan government needs structural reform and ongoing international support to uphold its Responsibility to Protect.

INTERNATIONAL RESPONSE:
At the July 2016 NATO Summit in Warsaw, member states pledged to sustain their mission in Afghanistan beyond 2016 and to continue their assistance to Afghan security forces until 2020. The United States currently has 11,000 troops in Afghanistan, and on 21 August 2017 President Donald Trump announced additional troops will be deployed shortly.

UNAMA was established under UN Security Council (UNSC) Resolution 1401 of 2002 and its mandate includes monitoring human rights violations and the protection of civilians. UNAMA's mandate has been renewed until 17 March 2018. Since 2011 the UNSC has imposed an arms embargo and sanctions on individuals or entities who support the Taliban and its affiliates.

NECESSARY ACTION:
The international community should continue to provide support to the Afghan government to help combat the Taliban, ISIL-K and other armed groups within the country. Countering violent extremism while promoting good governance and the rule of law remains essential.

The Afghan security forces and all international military forces operating within Afghanistan must prioritize the protection of civilians and strictly adhere to IHL and International Human Rights Law.

The government and its international partners should fully cooperate with the ICC's investigation of alleged war crimes and crimes against humanity in Afghanistan.

Last Updated: 15 November 2017