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Conflict in Afghanistan II Conflict in Afghanistan II 93 Number 881 March 2011 Volume Volume 93 Number 881 March 2011 Volume 93 Number 881 March 2011 Part 2: Law and humanitarian action Interview with Ms Fatima Gailani President of the Afghan Red Crescent Society Has the armed conflict in Afghanistan affected the rules on the conduct of hostilities? Robin Geiss and Michael Siegrist International law and armed non-state actors in Afghanistan Annyssa Bellal, Gilles Giacca and Stuart Casey-Maslen The Layha for the Mujahideen: an analysis of the code of conduct for the Taliban fighters under Islamic law Muhammad Munir Annex: The Islamic Emirate of Afghanistan. The Layha [Code of Conduct] For Mujahids Combatants, not bandits: the status of rebels in Islamic law Sadia Tabassum Between a rock and a hard place: integration or independence of humanitarian action? Antonio Donini The International Committee of the Red Cross in Afghanistan: Conflict II in Afghanistan reasserting the neutrality of humanitarian action Fiona Terry The protective scope of Common Article 3: more than meets the eye Jelena Pejic Humanitarian debate: Law, policy, action www.icrc.org/eng/review Conflict in Cambridge Journals Online For further information about this journal please go to the journal web site at: ISSN 1816-3831 http://www.journals.cambridge.org/irc Afghanistan II Editorial Team Editor-in-Chief: Vincent Bernard The Review is printed in English and is Editorial assistant: Michael Siegrist published four times a year, in March, Publication assistant: June, September and December. Claire Franc Abbas Annual selections of articles are also International Review of the Red Cross published on a regional level in Arabic, Aim and scope 19, Avenue de la Paix Chinese, French, Russian and Spanish. The International Review of the Red Cross is a periodical CH - 1202 Geneva, Switzerland published by the ICRC. Its aim is to promote reflection on t +41 22 734 60 01 Published in association with humanitarian law, policy and action in armed conflict and f +41 22 733 20 57 Cambridge University Press. other situations of collective armed violence. A special- e-mail: [email protected] ized journal in humanitarian law, it endeavours to promote knowledge, critical analysis and development of the law and contribute to the prevention of violations of rules protecting Editor-in-Chief Submission of manuscripts Subscriptions fundamental rights and values. The Review offers a forum for Vincent Bernard discussion about contemporary humanitarian action as well ICRC The International Review of the Red Cross invites Requests for subscriptions can be made to as analysis of the causes and characteristics of conflicts so submissions of manuscripts on subjects relating the following address: as to give a clearer insight into the humanitarian problems Editorial Board to international humanitarian law, policy and Ahmed Abou El-Wafa they generate. Finally, the Review informs its readership on Cairo University, Egypt action. Most issues focus on particular topics, Cambridge University Press, The Edinburgh questions pertaining to the International Red Cross and Red decided by the Editorial Board, which can be Building, Shaftesbury Road, Cambridge Daniel Bar-Tal Crescent Movement and in particular on the activities and Tel Aviv University, Israel consulted under the heading Future Themes on CB2 8RU; or in the USA, Canada and policies of the ICRC. the website of the Review. Submissions related Mexico, email [email protected]: Annette Becker Université Paris X, France to these themes are particularly welcome. Cambridge University Press, 32 Avenue of the Americas, New York, NY 10013-2473, Antônio Cançado Trindade University of Brasilia, Brazil Articles may be submitted in Arabic, Chinese, email [email protected]. English, French, Russian and Spanish. Selected Marika Fahlen International Committee of the Red Cross Ministry for Foreign Affairs, Stockholm, articles are translated into English if necessary. The subscription price which includes The International Committee of the Red Cross (ICRC) Sweden delivery by air where appropriate (but is an impartial, neutral and independent organization Bernard Haykel Submissions must not have been published, sub- excluding VAT) of volume 92, 2010, which whose exclusively humanitarian mission is to protect the Princeton University, USA mitted or accepted elsewhere. Articles are sub- includes print and online access is £199.00 lives and dignity of victims of war and internal violence Venkateswara S. Mani jected to a peer-review process; the final decision (US $385.00 in USA, Canada and Mexico) and to provide them with assistance. It directs and coor- Jaipur National University, Jaipur, on publication is taken by the Editor-in-Chief. for institutions; £30.00 (US $57.00 in USA, dinates the international relief activities conducted by Rajastan, India The Review reserves the right to edit articles. Canada and Mexico) for individuals, which the Movement in situations of conflict. It also endeav- Herfried Münkler Notification of acceptance, rejection or the need includes print only. Single parts are £55.00 ours to prevent suffering by promoting and strength- Humboldt University, Berlin, Germany for revision will be given within four weeks of (US $100.00 in USA, Canada and Mexico) ening international humanitarian law and universal Mona Rishmawi receipt of the manuscript. Manuscripts will not plus postage. EU subscribers (outside the humanitarian principles. Established in 1863, the ICRC Office of the United Nations High be returned to the authors. UK) who are not registered for VAT should is at the origin of the International Red Cross and Red Commissioner for Human Rights, Geneva add VAT at their country’s rate. VAT Crescent Movement. Elizabeth Salmón Gárate Manuscripts may be sent by e-mail to: registered members should provide their Pontificia Universidad Católica del Perú, [email protected] VAT registration number. Japanese prices Lima, Perú Members of the Committee for institutions (including ASP delivery) Marco Sassòli Manuscript requirements are available from Kinokuniya Company President: Jakob Kellenberger University of Geneva, Switzerland Vice-President: Olivier Vodoz Articles should be 5,000 to 10,000 words in Ltd, P.O. Box 55, Chitose, Tokyo 156, Michael N. Schmitt length. Shorter contributions can be published Japan. Permanent Vice-President: Christine Beerli Marshall Center (CISS-Dean), Garmisch-Partenkirchen, Germany under the section Notes and comments. Cover photo: Afghanistan, Ghor region, Christiane Augsburger Yves Sandoz Terence Taylor Paolo Bernasconi Rolf Soiron International Council for the Life Sciences, For further information, please consult the combatants. CICR/Pagetti, Franco. François Bugnion Bruno Staffelbach Washington DC, USA Information for contributors and Guidelines for Bernard G. R. Daniel Daniel Thürer Bakhtiyar R. Tuzmukhamedov referencing on the website of the Review: Paola Ghillani André von Moos Diplomatic Academy, Moscow, Russian www.icrc.org/eng/review. Jürg Kesselring Federation Claude Le Coultre Peter Walker ©icrc Feinstein International Center, Friedman School of Nutrition Science and Policy, Authorization to reprint or republish any text Tufts University, USA published in the Review must be obtained from the Editor-in-Chief. Requests should be Wenqi Zhu addressed to the Editorial Team. Law School, Renmin University of China, Beijing, People’s Republic of China Volume 93 Number 881 March 2011 Humanitarian debate: Law, policy, action Conflict in Afghanistan II Part 2: Law and humanitarian action CONTENTS 5 Interview with Ms Fatima Gailani, President of the Afghan Red Crescent Society Articles The law 11 Has the armed conflict in Afghanistan affected the rules on the conduct of hostilities? Robin Geiss and Michael Siegrist 47 International law and armed non-state actors in Afghanistan Annyssa Bellal, Gilles Giacca and Stuart Casey-Maslen 81 The Layha for the Mujahideen: an analysis of the code of conduct for the Taliban fighters under Islamic law Muhammad Munir 103 Annex: The Islamic Emirate of Afghanistan. The Layha [Code of Conduct] For Mujahids 121 Combatants, not bandits: the status of rebels in Islamic law Sadia Tabassum Humanitarian action 141 Between a rock and a hard place: integration or independence of humanitarian action? Antonio Donini 159 30 years in Afghanistan. ICRC photo archives account by Alberto Cairo 173 The International Committee of the Red Cross in Afghanistan: reasserting the neutrality of humanitarian action Fiona Terry 2 Volume 93, Number 881 March 2011 Articles published by the Review reflect the views of the author alone and not necessarily those of the ICRC or of the Review. Only texts bearing an ICRC signature may be ascribed to the institution. Selected articles on international humanitarian law 189 The protective scope of Common Article 3: more than meets the eye Jelena Pejic Reports and documents 227 National implementation of international humanitarian law Biannual update on national legislation and case law: July – December 2010 Books and articles 239 Recent acquisitions of the Library and Research Service, ICRC THE FOLLOWING PAPERS APPEARED IN Vol. 92 No. 880 (Conflict in Afghanistan I): 841 Editorial Conflict in Afghanistan I 847 Interview with Dr Sima Samar Chairperson of the Afghan Independent Human Rights Commission. Articles Socio-political and humanitarian environment 859 Afghanistan: an historical and geographical appraisal William Maley 3 Volume 93, Number 881 March 2011 Articles published
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