Hashimy, Sayed Qudrat (2024) Justice for Victims of Atrocity Crimes: The ICC’s Pursuit in the Prosecution of War Crimes in Afghanistan. Eastern Africa Journal on International Humanitarian Law, 3 (1). pp. 61-111.
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Abstract
The Byzantine history of Afghanistan is filled with bloodshed and other atrocities. The current state of affairs dates to the late 1970s Soviet invasion when the Soviet Union's troops killed many Afghans. This led to the emergence of Mujahedeen, the Taliban and the invasion of the United States of America, who began fighting, and a civil war broke out with many innocent Afghans dying. As Afghanistan has been a signatory member of the Rome Statute since 2003, it has established the jurisdiction of International Criminal Court (ICC) over crimes against humanity and war crimes committed in Afghanistan. Under the Statute, no exemption exists for such crimes, and the perpetrators must be arraigned by the ICC or a national court. However, in Afghanistan, no one has been held liable for the commission of crimes and violation of International Humanitarian Law and Human Rights laws. This includes the non-execution of warlords. Victims themselves express a desire for the criminals to be punished and for their losses to be compensated for them to feel a sense of justice. The perpetrator(s)' arrest, conviction, and punishment may convey acknowledgement of the victims' suffering and provide them with a sense of relief. However, prosecution and reparations also share many legal and theoretical traits under International Humanitarian Law. The study aims to analyze and discuss the international legal framework for prosecuting individual perpetrators of atrocity crimes in Afghanistan and to provide reparations to the victims of such crimes. Moreover, the analysis clarifies whether states under international humanitarian law have obligations to facilitate prosecution and reparations procedures.The study considers treaty law, customary law, and general principles as the primary sources of international humanitarian law.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | Afghan Wars, International Humanitarian Laws, Justice for Atrocity, International Criminal Court and War Crimes. |
| Subjects: | L LAW > LAW |
| Divisions: | Department of > Law |
| Depositing User: | C Swapna Library Assistant |
| Date Deposited: | 01 Oct 2024 03:59 |
| Last Modified: | 05 Feb 2025 06:10 |
| URI: | http://eprints.uni-mysore.ac.in/id/eprint/17807 |
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