With the increasingly violent attacks in Kabul and Afghanistan being declared as the most dangerous country in the world, the position of Afghanistan continues to deteriorate. After the retreat of American and NATO military troops from Afghanistan, Afghan troops are preparing to take control of security on their own. Since the invasion of Afghanistan by the Soviet Union in December 1979, the country has faced destruction like no other. Civilians are tortured, maimed by landmines and continuously discriminated against in their own countries.

Various non-state armed groups for no baseless justifications have unlawfully killed Afghans like the 2013 Afghan presidential palace attack where owing to mass shooting 11 were killed. Another example is the 2009 NATO Afghanistan headquarters bombing wherein 7 were killed and 91 were injured. Everyday several lives are at stake in the name of war and the unanswered question still exists Where did they go wrong?

Frightening number of Casualties in Afghanistan

Time and again, news highlights the number of casualties in Afghanistan. In the year of 2017, 10,453 casualties took place, subsequently in 2018 a 12 hour battle took place in the Inter-Continental Hotel Kabul attack. After a year, in 2019 Kabul bombing ensued leaving 63 dead and in December 2020 a suicide bomb left 34 dead. Life in Afghanistan is lived in fear and anxiety. People are accustomed to the sound of drones, attacks and bombings.

Armed non-state actors in Afghanistan

Individuals in Afghanistan who are entirely or partially independent and use violence or abuse as a measure to achieve objectives are the Armed non-state actors in Afghanistan. The basic segregation between ANSA and other communities can be done on the basis of their relationship with the government. Non-state actors have complex and strenuous connections with the Afghani administration which has led to bloodshed in several parts of the country.

Significance of applicability of International Humanitarian Law

The major set of rules governing countries is the International Humanitarian Law created by Henry Dunant and Gustave Moynier in 1864. Countless countries are signatories including non-state armed groups as Each party to the conflict is covered by International Humanitarian Law but ANSA nevertheless violates the rights.

Article 8(2)(c)(i) of Rome Statute of The International Criminal Court bestows Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture as one of the war crimes which shall not take place if the person is not involved in hostilities. Yet, several inhuman crimes are committed in Afghanistan like rape, murder, kidnapping, bombing and much more. One of the major cases is the murder of Farkhunda Malikzada who was publically lynched, beaten up and killed after fighting with a Mullah who wrongly accused her of setting fire on Quran.

Further, Article 8(2)(c)(i) also focuses on the cruel treatment given to humankind. One of the major cases of cruel treatment in Afghanistan came into limelight when, in 2005, the army of United States issued a report on the murder of Habibullah and Dilawar, who were bound and beaten to the ceiling, resulting in their deaths.

Moreover, Article 8(2)(e)(iii) of IHL focuses on the war crimes of starvation and obstructing humanitarian access. This issue was a serious concern due to which, in a statement by the President on the situation in Afghanistan, the United Nations Security Council expressed profound concern over the robbery of food stocks.

The loss of lives, spike in inhuman treatment, growth of starvation, malnutrition as well as poverty and the destruction of property is enormous but the solution to this is none.
To eradicate the root cause of the problem of violence in Afghanistan it is principal to educate ANSA and extend a hand of revolution. Violence is the regressive step to the growth of society. Therefore, it is necessary to take steps to resolve the problems as soon as practicable.

This implies a more inclusive peace process in the long term that is representative of and endorsed by the entire Afghan society. The main stakeholders i.e. all the armed non state actors and government should come together, examine the situation and find out the possible solution to achieve tranquility in Afghanistan.