Afghanistan Analysts Network – English

Rights and Freedoms

This thematic category comprises of AAN’s reporting on human rights, including women’s rights, media freedom, rule of law, governance and democratisation.

AIHRC’s Bamyan provincial office building inaugurated in 2014. Its nine from 14 offices, one HQ and 13 provincial offices, have their own buildings. The buildings of its provincial offices in Balkh and Daikundi are under construction. Photo: AIHRC’s website.

New Commissioners for the AIHRC: 390 applications for nine positions

Ehsan Qaane •

The Afghanistan Independent Human Rights Commission (AIHRC), set up in 2002 as part of the Bonn Agreement, is to get a new set of commissioners. How to choose them has proved difficult. Before, the president just appointed whom he wanted. Now, a new procedure aimed at greater transparency has ended up being slow and clumsy. The […]

Rights and Freedoms Read more

Widespread Violence yet Perpetrators go Unpunished: A new UN report on violence against Afghan women

Jelena Bjelica • Thomas Ruttig •

Violence against women – be it murder, beatings, mutilation, child marriage, the giving away of girls in marriage to resolve disputes (baad) or other harmful practices – remains widespread throughout Afghanistan, despite the government’s efforts to criminalise such practices, the UN has found. Its new report highlights how mediation by government and traditional actors, which […]

Rights and Freedoms Read more

Two New Reports on Afghan Civilian Casualties: Gruelling, but important reading

Kate Clark •

UNAMA and Human Rights Watch have each released blistering reports on the killing and wounding of civilians in the Afghan conflict. UNAMA presents the results of its investigation into the Afghan Air Force’s bombing of an open-air graduation ceremony at a madrassa in Dasht-e Archi in Kunduz province in April. It concludes that, even if […]

Rights and Freedoms Read more

An ICC Delay: Court postpones decision on whether to investigate war crimes in Afghanistan

Kate Clark •

The International Criminal Court has announced a delay in deciding whether or not to authorise an investigation into war crimes and crimes against humanity by American and Afghan government forces and Taleban and other insurgent groups in Afghanistan. A decision had been expected during the last month, but a routine changeover of the Court’s judges […]

Rights and Freedoms Read more

ICC reports: “Victims Overwhelmingly Support” Investigation into War Crimes in Afghanistan

Kate Clark •

The International Criminal Court (ICC) has published its findings from victims who suffered war crimes in relation to the Afghan conflict, either in Afghanistan or in other countries. The victims mentioned murder, rape, forced disappearance, attacks against civilians and pillage. The ICC report said victims’ backing for an ICC investigation was “overwhelming” with 98 per […]

Rights and Freedoms Read more
Photographs of some of the victims of ISKP atrocities in Kabul. It is thought that ISKP victims were among those submitting representations to the ICC. 345 forms on behalf of almost more than seven hundred thousand victims have been submitted. (Photo: AAN, 8 December 2017)

Afghan Victims of War Crimes Want Investigation: Hundreds of thousands apply to ICC

Ehsan Qaane •

31 January was the deadline for victims of Afghan war crimes to share their experiences and opinions with the International Criminal Court (ICC). Based on information so far released by the ICC, the Court has received 345 representations on behalf of more than seven hundred thousand victims. These representations are important as they will factor […]

Rights and Freedoms Read more
The Rome Statute was adopted in the UN Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court in 1998. The Afghan Mujaheddin Government sent a delegation, which was led by current Chief Executive Abdullah Abdullah, to the Conference. That time Abdullah Abdullah was the Deputy of Foreign Affairs Ministry.

Questions and Answers about the International Criminal Court and its Afghanistan Investigation

AAN Team •

On 20 November, the Prosecutor of the International Criminal Court (ICC) finally published her request to open a formal investigation into war crimes and crimes against humanity committed in Afghanistan. This means that the Prosecutor agrees with the result of the preliminary examination showing that crimes meeting the ICC gravity threshold have been committed in […]

Rights and Freedoms Read more
Civilian victims of a Taleban attack in Daulatabad, Faryab, June 2014. Will an investigation lead to justice for victims like these? Credit: Pajhwok Afghan news

One Step Closer to War Crimes Trials (2): ICC Prosecutor requests authorisation to investigate

Ehsan Qaane • Kate Clark •

International Criminal Court (ICC) Prosecutor Fatou Bensouda has requested judicial authorisation to open an investigation into crimes allegedly committed in connection to the Afghan armed conflict. If the judges of the court’s Pre-Trial Chamber agree, there could now be investigations of the Taleban for many types of war crimes and crimes against humanity, and Afghan […]

Rights and Freedoms Read more
Physiotherapist Lorena Enebral Perez was killed by a patient on 11 September 2017. For the ICRC, it appears to have been the last straw. They have now decided to “drastically” scale back their operations in the north of Afghanistan. Credit: ICRC

Working in a ‘Grey Zone’: ICRC forced to scale back its work in Afghanistan

Kate Clark •

The International Committee of the Red Cross (ICRC) has said it has “no other choice but to drastically reduce its presence and activities in Afghanistan, in particular in the north of the country.” The decision follows three attacks on its staff in less than a year, including the worst suffered by the organisation worldwide in […]

Rights and Freedoms Read more
Afghan citizen Gul Rahman froze to death in November 2002 in a CIA torture site north of Kabul. His family will now receive compensation. Photo: ACLU.

Held Accountable for Torture: CIA psychologists compensate family of dead Afghan

Kate Clark •

A landmark case in the United States means that, for the first time, two of those responsible for the CIA’s post-2001 torture programme, have been held accountable in the courts. Much of this torture programme was carried out on Afghan soil. The two psychologists who designed and implemented the programme, have paid compensation to two […]

Rights and Freedoms Read more

Afghanistan’s New Law on Freedom of Assembly: Limiting the space to demonstrate

Ehsan Qaane •

A new law on freedom of assembly is under consideration in Afghanistan. The National Security Council (NSC) decided to replace the current Law on Gatherings, Demonstrations and Strikes (hereafter called the Assembly Law) after the deadly explosion which targeted protesters in the Deh Mazang area of Kabul on 23 July 2016. A draft of the […]

Rights and Freedoms Read more
Cover of a collection of legal interpretations, comments and consultation published by the Constitutional Oversight Commission.

The Constitutional Oversight Commission in a Standoff with President Ghani: Defending their independence or covering up mistakes?

Ali Yawar Adili • Ehsan Qaane •

The Afghan government has found itself in a complicated legal tangle again. After the Independent Commission for Overseeing the Implementation of the Constitution (hereafter, Constitutional Oversight Commission) dismissed its chair, the president ordered an evaluation of the Commission’s performance in a move that looks designed to curtail its independence. Although the legal basis for the […]

Rights and Freedoms Read more

Subscribe to receive updates from the Afghanistan Analysts Network

Sign up