Specific provisions of IHL that apply within Afghanistan have changed with the conflict nature in the nation over the last decade. The US led military operation initially, in opposition to the government of Taliban, in 2001, was considered to be armed conflict of international nature implying conflict between two opponent states. The law applies to international conflicting acts is inclusive of 1949, 4 Geneva convention, to which U.S and Afghanistan are parties and the 1907 Hague regulations, which are regarded customary international law reflection.
After the Taliban government fall in the year 2001 and with government creation under Hamid Karzai’s presidency, the IAC (international armed conflict) came to an end. Hostilities, since then, have comprised an armed conflict on non-international basis. In a non-international armed conflict involved parties have an obligation to observed standards applicable to the 4 Conventions of Geneva, 1949, particularly, the article 3 applicable for the conventions. This provides the non-international armed conflict standards. All the parties need to abide to the customary law rules and obligations of armed conflicting situations. Most of the custom rules related to the means and warfare methods can be illustrated in Additional protocols, 1977 to the conventions of Geneva. These are mainly considered customary IHL reflection.
Afghanistan, in the year 2003, ratified the International criminal court Rome Statute. All people, accordingly, in the region of Afghanistan have a responsibility for war based crimes and other Rome Statute violations committed after 2002 when such a statute was under effect within the nation. These are also subjected to the jurisdiction of ICC.
The law of International human rights also has an applicability to the present conflicting situation. From the perspective of hostile acts happening as components of armed conflict, IHL comes before but it does not replace the law of human rights. People under the government control or armed forces of opposition within inner armed conflict should in every situation needs to be treated as per the IHL. This should incorporate essential standards of human rights.