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Conflict and IHL Compliance Chart Syracuse University INSCT Conflict and IHL Compliance Chart Syracuse University INSCT Country Gene API APII Conflict3 Type Start End Compliance Instances of Violated Description of Conflict Sources5 Name1 va ratifie ratifie Conduct Treaty Ratifi d year d year Provisions4 ed Year2 Afghanistan 1956 2009 2009 v. Pakistan IAC 1953 1963 No1 Afghan troops AP I Art. 37(1): The Pakistani-Afghan Daveed Gartenstein-Ross & dressed as civilians Killing, border was closed for Tara Vassefi, The Forgotten in order to cross the injuring or three months in 1950. On History of Afghanistan-Pakistan border in 1960. capturing an 30 March 1955 occurred Relations, 7 YALE J. OF INT’L adversary by the 'flag incident'. A mob AFFAIRS 41-42 (2012); RECENT resort to in Kabul attacked the DEVELOPMENTS IN perfidy Pakistan Embassy and AFGHANISTAN, Pakistan defiled the Pakistan flag. Horizon, Vol. 19, No. 3 (Third In retaliation, on 1 April Quarter, 1966), pp. 249-263; 1955, the Afghan Samuel S. Lieberman, consulate in Peshawar was Afghanistan: Population and attacked by a mob. From Development in the "Land of 1955 to 1961 followed a Insolence," Population and period of varying tensions Development Review, Vol. 6, in Pakistan- Afghan No. 2 (Jun., 1980), pp. 271-298 relations, which reached their lowest ebb in 1961. In 1960, Afghanistan sent troops across the border to influence a Pashtunistan separatist movement. Afghan troops dressed up as tribesmen when crossing the border. Nomads on both sides fought over winter grazing pastures. Border clashes between the two sides led to bombing by Pakistan on 21 and 22 May 1961 in the Bajaur area where Afghan agents were indulging in anti-Pakistan subversive activities. The conflict ended when Afghan prime minister resigned in 1963. 1 Since Afghanistan ratified the Geneva Conventions in 1956, we only included as violations those actions taken after 1956 that were contradictory to IHL. 1 Afghanistan 1956 2009 2009 Domestic NIAC 1978 1979 No Detention; torture; GC I Art. The Afghan military staged AFGHANISTAN JUSTICE PROJECT, conflict, summary execution; 3(1)(a): a coup in 1978, CASTING SHADOWS: WAR CRIMES Saur civilians killed Protection overthrowing Mohammad AND CRIMES AGAINST HUMANITY: Revolution from violence, Daoud Khan and installing 1978-2001 12-28 (2005), murder, a communist government available at torture; GC I (PDPA) supported by the http://afghanistanjusticeprojec Art. 3(1)(d): Soviet Union. The new t.org/warcrimesandcrimesagain Judicial government detained, sthumanity19782001.pdf guarantees for torture and executed sentencing; AP rivals. Thousands of II Art. 4(2)(a): civilians were killed in Prohibition on Heart, Kerala, and other violence to cities. life, murder, torture; AP II Art. 6: Guarantees of due process Afghanistan 1956 2009 2009 Mujahideen IAC 1979 1989 No Widespread GC Art. 3(1)(a): Mujahedeen, or Muslim AFGHANISTAN JUSTICE PROJECT, war, Soviet detention and Protection holy warriors, set up CASTING SHADOWS: WAR CRIMES torture of civilians; from violence, camps in neighboring AND CRIMES AGAINST HUMANITY: indiscriminate murder, countries to wage guerilla 1978-2001 31-45 (2005), bombing of torture; GC war against the Soviet- available at Hazarajat (1984); Art. 3(1)(d): backed Afghan regime. http://afghanistanjusticeprojec summary execution Judicial These mujahedeen t.org/warcrimesandcrimesagain of civilians in guarantees for received substantial sthumanity19782001.pdf Laghman Province sentencing; GC foreign support from (1984); gassing of IV Art. 27: Pakistan, Saudi Arabia, civilians in Spin Prohibition on and the United States. Khola (1985) harming After almost a decade of protected war, the Soviet Union persons; GC IV withdrew its troops in Art. 32: 1988. The conflict Prohibition of continued afterward, corporal however, as Afghan punishment, groups vied for power. torture; GC IV Transnational force Art. 33: fighting government. Prohibition on collective punishment; AP I Art. 51(4): Prohibition on indiscriminate attacks; AP I Art. 52(1): 2 Prohibition on civilians as objects of attack or reprisal; AP I Art. 75(2)(a): Prohibition on murder, torture; AP I Art. 75(3): Judicial notification guarantees; G.BC Afghanistan 1956 2009 2009 Civil war, NIAC 1989 1996 No Indiscriminate GC Art. 3(1)(a): After the Soviet HUMAN RIGHTS WATCH, Taliban rule bombing of Kabul Protection withdrawal, President AFGHANISTAN: THE FORGOTTEN WAR: (1992-1996); from violence, Mohammad Najibullah HUMAN RIGHTS ABUSES AND massacre and mass murder, ruled Afghanistan. He was VIOLATIONS OF THE LAWS OF WAR rape in Ashfar torture; GC I supported by the Soviets SINCE THE SOVIET WITHDRAWAL (1993); massacre of Art. 3(1)(c): until the fall of his (1991) Taliban prisoners in Against government in 1992. After Mazar-i-Sharif degradation; the fall of the Najibullah Peshawar Accords (1992) (1997); Taliban GC I Art. government in 1992, massacre of civilians 3(1)(d): Afghaninistan broke into in Mazar-i-Sharif Judicial civil war until 1996, when (1998) guarantees for the Taliban controlled the sentencing; AP government, 1996 -2001, II Art. 4(2)(a): and implemented a strict Prohibition on brand of sharia on the violence to nation. life, murder, torture; AP II Art. 4(2)(e): Prohibition on rape; AP II Art. 13: Protection of civilians from violence of military operations; Anti-Personnel Mine Afghanistan 1956 2009 2009 NATO IAC 2001 2002 No Taliban use of GC Art. 3(1)(a): After the September 11, Afghanistan World Report invasion, civilians to shield its Protection 2001 terror attacks against 2002, Human Rights Watch, Taliban war forces from military from violence, the U.S., a U.S.-led http://www.hrw.org/legacy/wr airstrikes; murder, coalition invaded 2k2/asia1.html 3 indiscriminate in torture; GC I Afghanistan. The Taliban civilian areas; Art. 3(1)(d): targeted civilians who Afghanistan World Report targeting of civilian Judicial supported anti-Taliban 2003, Human Rights Watch, populations; reprisal guarantees for forces by looting and http://www.hrw.org/legacy/wr attacks against sentencing; GC burning homes, shops, 2k3/asia1.html civilians; burning I Art. 9: medical clinics, and homes, medical Prohibition on mosques. Taliban used clinics and mosques; obstacles to civilians as shields against summary execution humanitarian military operations and of civilians; use of aid; GC I Art. indiscriminately carried anti-personnel 18: Denial of out military operations in mines; looting; food humanitarian civilian areas. Taliban aid seized aid; GC I Art. forces laid anti-personnel 50: Prohibition mines, many in civilian on willful areas, in order to attack killing of U.S. forces. Taliban forces protected also seized over 7,000 tons persons; of humanitarian food aid GC IV Art. 23: on October 16, 2001. A Denial of new democratic humanitarian government was aid; GC IV Art. established in Kabul after 28: Prohibits the Taliban withdrew in use of human June 2002. shields; GC IV Art. 32: Prohibition of corporal punishment, torture, etc.; GC IV Art. 40: Prohibition on forcing civilians to take part in military operations; AP I Art. 37: Prohibition on perfidy; AP I Art. 48: Parties must distinguish between the civilian population 4 and combatants; AP I Art. 51(4): Prohibition on indiscriminate attacks; AP I Art. 52(1): Prohibition on civilians as objects of attack or reprisal; AP I Art. 54: Protection of objects indispensable to the survival of the civilian population; AP I Art. 75(2)(a): Prohibition on murder, torture; AP I Art. 76: Protection of women against rape; APM Afghanistan 1958 2009 2009 Taliban war, NIAC 2002 2014 No Civilian deaths; GC Art. 3(1)(a): In June 2002, a transitional HUMAN RIGHTS WATCH, “TROOPS IN al Qaeda indiscriminate Protection government was CONTACT": AIRSTRIKES AND CIVILIAN bombing in civilian from violence, established. The conflict DEATHS IN AFGHANISTAN 25-28 areas murder, resumed between the (2008); torture; AP II Taliban and the Art. 4(2)(a): government supported by UN Assistance Mission in Prohibition on the multinational Afghanistan, Afghanistan: Mid violence to coalition. Since 2002, Year Report on Protection of life, murder, Afghanistan has been a Civilians in Armed Conflict torture; AP II partnership with a U.S.-led 2010, 2-5, Aug. 2010, available Art. 13: coalition in the conflict at Protection of against al Qaeda. In the http://unama.unmissions.org/P civilians from first six months of 2010, ortals/UNAMA/Publication/Aug violence of almost 225 civilian deaths ust102010_MID- military and 160 civilian injuries YEAR%20REPORT%202010_Pro operations were caused by tection%20of%20Civilians%20in government forces, mostly %20Armed%20Conflict.pdf; by airstrikes. Afghan 5 forces bomb enemy Rod Nordland, Gunmen Kill military facilities that are Medial Aid Workers in in civilian locations or Afghanistan, N.Y. TIMES, Aug. 7, within close proximity to 2010, at A1. civilian locations. Albania 1957 1993 1993 Domestic NIAC 1947 1989 No Widespread GC Art. 3(1)(a): Following World War II, EDWIN E. JACQUES, THE ALBANIANS: conflict, execution; Protection Communist Hoxha AN ETHNIC HISTORY FROM Communist sentencing of from violence, maintained Albania by PREHISTORIC TIMES TO THE PRESENT rule political prisoners to murder, subjecting the people to 425-582 (1995); forced labor camps torture; GC purges, shortages, without trial or Art. 3(1)(d): repression of civil and Femi Sufaj & Ajet Shahu, Penal judicial process Judicial political rights, a total ban Sentences During 1945-1991 in guarantees for on religious observance, Albania, 4 S.E. EUR. UNIV. REV. 69 sentencing; AP and increased isolation. (2008) II Art. 4(2)(a): Prohibition on violence to life, murder, torture; AP II Art. 6: Guarantees of due process Algeria 1960 1989 1989 v. France, IAC 1954 1962 No Civilians killed, GC Art. 3(1)(a): Algerians in the National MARTIN EVANS, ALGERIA: FRANCE’S War of villages bombed Protection Liberation Front (FLN) UNDECLARED WAR 294-312 (2011) Independen from violence, used guerilla tactics to ce murder, force the French ALGERIA: A COUNTRY STUDY, THE torture; AP I government out of GENERALS’ PUTSCH (Helen Chapan Art.
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