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Protection of Civilians in Armed Conflict – Midyear Report 2017

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Photo on Front Cover: © Omar Sobhani/REUTERS. A victim of the 31 May suicide truck bomb attack in central Kabul city lies injured shortly after the blast. The explosion took place during the morning rush hour in a busy area of the city, killing at least 92 civilians and injuring 491 others. “The human cost of this ugly war in Afghanistan – loss of life, destruction and immense suffering – is far too high. The continued use of indiscriminate, disproportionate and illegal IED devices by Anti-Government Elements is particularly appalling and must immediately stop.” Tadamichi Yamamoto, United Nations Special Representative of the Secretary-General for Afghanistan, Kabul, July 2017. “The statistics in this report, horrifying though they are, can never fully convey the sheer human suffering of the people of Afghanistan. Each one of these casualty figures reflects a broken family, unimaginable trauma and suffering, and the brutal violation of people’s human rights. Many Afghan civilians are suffering psychological trauma, having lost family and friends, and are living in fear knowing the risks they face as they go about their daily lives. Many more have been forced from their homes and suffered lasting damage to their health, education and livelihoods. The continuing national tragedy of Afghanistan must not be overlooked.” Zeid Ra‟ad Al Hussein, United Nations High Commissioner for Human Rights, Geneva, July 2017. Mandate The 2017 Mid-Year Report on the Protection of Civilians in Armed Conflict in Afghanistan was prepared by the Human Rights Unit of the United Nations Assistance Mission in Afghanistan (UNAMA) and covers the period from 1 January to 30 June 2017. The UNAMA Human Rights Unit prepared this report pursuant to the UNAMA mandate under United Nations Security Council Resolution 2344 (2017) “to monitor the situation of civilians, to coordinate efforts to ensure their protection, to monitor places of detention, to promote accountability, and to assist in the full implementation of the fundamental freedoms and human rights provisions of the Afghan Constitution and international treaties to which Afghanistan is a State party, in particular those regarding the full enjoyment by women of their human rights.” Security Council resolution 2344 (2017) recognizes the importance of on-going monitoring and reporting to the Security Council on the situation of civilians in the armed conflict, particularly on civilian casualties. UNAMA undertakes a range of activities aimed at minimizing the impact of the armed conflict on civilians including: independent and impartial monitoring of incidents involving loss of life or injury to civilians; advocacy to strengthen protection of civilians affected by the armed conflict; and initiatives to promote compliance among all parties to the conflict with international humanitarian and human rights law and the Constitution and laws of Afghanistan. This report received technical input from the Office of the United Nations High Commissioner for Human Rights. Table of Contents Methodology .................................................................................................................................. 1 Executive Summary ...................................................................................................................... 3 Recommendations ............................................................................................................................ 8 I. Human Rights Protections in Conflict-Affected Areas ................................................. 11 Women and Armed Conflict.................................................................................................................. 11 Children and Armed Conflict ................................................................................................................. 14 Impact of Armed Conflict on Health-Care ............................................................................................. 17 Explosive Remnants of War ................................................................................................................. 19 Cross-Border Engagement ................................................................................................................... 22 II. Ground Engagements: Civilians Caught in the Cross-Fire .......................................... 23 III. Civilian Casualties Attributed to Anti-Government Elements .................................... 31 Tactics and Incident Types Causing Most Harm to Civilians ................................................................ 33 Suicide and Complex Attacks ....................................................................................................... 33 Improvised Explosive Devices (non-suicide) ................................................................................ 36 Indiscriminate and/or Disproportionate Attacks ............................................................................ 39 Anti-Government Element Targeted and Deliberate Killings ........................................................ 41 Conflict-Related Abduction of Civilians ......................................................................................... 43 Parallel Justice Structure Punishments ........................................................................................ 44 Attacks Deliberately Targeting Civilians ............................................................................................... 44 Daesh/Islamic State Khorasan Province .............................................................................................. 47 IV Civilian Casualties Attributed to Pro-Government Forces ........................................... 51 Overview .............................................................................................................................................. 51 Aerial Operations .................................................................................................................................. 52 Killings of Civilians by Afghan National Security Forces ....................................................................... 56 Afghan Local Police .............................................................................................................................. 59 Pro-Government Armed Groups ........................................................................................................... 60 Government Policies and Mechanisms for Civilian Casualty Mitigation ............................................... 61 ANNEX I: Legal Framework ............................................................................................................ 62 ANNEX II: Glossary ........................................................................................................................ 66 ANNEX III: Provincial Breakdown of Civilian Casualties .............................................................. 72 ANNEX IV: Attacks Claimed by Taliban: Breakdown by Target Type ........................................... 74 ANNEX V: Table of Taliban Allegations of “War Crimes” ............................................................. 75 ANNEX VI: Statement by the Government of the Islamic Republic of Afghanistan ..................... 76 ANNEX VII: NATO Resolute Support Official Response .............................................................. 79 ANNEX VIII: Taliban Response .................................................................................................... 80 Afghanistan Midyear Report on Protection of Civilians in Armed Conflict: 2017 Methodology UNAMA documents reports of civilian casualties by conducting on-site investigations where possible, consulting a broad range of sources, and accessing various types of information. All sources and information are thoroughly evaluated for their credibility and/or reliability. In undertaking investigation and analysis of each incident, UNAMA exercises due diligence to corroborate and crosscheck information from as wide a range of sources as possible, including accounts of witnesses, victims and other persons directly affected by conflict-related violence; conflict actors (including the Government of Afghanistan, Anti-Government Elements, and international military forces); local village/district and provincial authorities; religious and community leaders; and other interlocutors. UNAMA obtains information through direct site visits, physical examination of items and evidence gathered at the scene of incidents, visits to hospitals and medical facilities, still and video images, reports of the United Nations Department of Safety and Security and other United Nations entities, accounts by secondary sources, and information gathered by non-governmental organizations and other third parties. For verification of each incident involving a civilian casualty, UNAMA requires at least three different and independent types of sources, i.e. victim, witness, medical practitioner, local authorities, confirmation by party to the conflict, community leader or other sources. Wherever possible, information is obtained from the primary accounts of victims and/or witnesses of the incident and on-site investigations. This form of investigation is not always possible, primarily due to security-related constraints affecting access. In such instances, UNAMA relies on a range of techniques to gain information through reliable networks using as wide a range of sources and information as possible,
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