Tag Archives: ISAF

8 May 2014

Responsibility of the UK for detentions in Afghanistan: questions of attribution of conduct

In a decision of 2 May 2014, the British High Court of Justice held that the United Kingdom (UK) was responsible for the continued detention of an individual in Afghanistan, in violation of human rights law. The decision has already been commented on, notably here, here and here, focusing on the affirmation by the Court that the UK’s international human rights obligations applied to the non-international armed conflict in Afghanistan. This post will briefly address another important aspect of the decision, that of attribution of conduct.

The case was brought by Serdar Mohammed, an Afghan national who had been captured by British forces part of the NATO-led International Security Assistance Force (ISAF) in April 2010 on the suspicion of being a member of the Taliban. He remained detained without charges until July 2010, when he was transferred to Afghan authorities. He claimed compensation from the UK for a breach of his right to liberty under Article 5 ECHR.

Apart from finding that the detention was in breach of applicable human rights obligations, the Court engaged in a relatively extensive discussion of whether the disputed conduct was to be attributed to the UK (paras 158–187, pp 47–55), thereby adding a new stone to the debate on allocation of responsibility in international military operations. (more…)

14 April 2013

Eleven children killed in a NATO air strike in eastern Afghanistan

Officials and witnesses say eleven children have been killed in a NATO air strike in the Shigal district, in the Kunar province in eastern Afghanistan. The strikes were called in to support a major operation by US and Afghan government forces targeting senior Taliban commanders and a local weapons cache. The NATO-led International Security Assistant Force (ISAF) said: ‘The air support was called in by coalition forces – not Afghans’. A statement issued on behalf of President Karzai strongly condemned the NATO attack, and ‘military operations in residential areas that cause civilian deaths’.

Source: BBC | Afghan children 'killed by Nato air strike in Shigal'

21 March 2013

UN Security Council extended mission in Afghanistan and called for continued support

The UN Security Council extended the mandate of the United Nations Assistance Mission in Afghanistan (UNAMA) for another year, until 19 March 2014. UN Secretary-General Ban Ki-moon urged for continued UN support to the Afghan government up to and beyond the 2014 deadline for the assumption of full responsibility of governance, security and development in most areas.

In the resolution, the Council “stresses the critical importance of a continued presence of UNAMA and other United Nations agencies, funds and programmes in the provinces, consistent with the transition process, in support of and in cooperation with the Afghan Government.”

The withdrawal of most of the North Atlantic Treaty Organization (NATO) and United States troops from Afghanistan is planned to be completed by the end of 2014. A transition of responsibility for security in the state from the NATO-led International Security Assistance Force (ISAF) to Afghan forces is underway.

Source: UN News Centre | Afghanistan: Security Council extends mission amid calls for continued UN support
Source: UN Secretary-General | Latest Statements | New York, 19 March 2013 - Secretary-General's remarks to the Security Council Debate on Afghanistan

8 June 2012

Afghan President Karzai considers recent NATO air strike as ‘unjustifiable’

President Hamid Karzai has condemned an air strike on 6 June 2012 by the North Atlantic Treaty Organization (NATO) where 18 Afghan civilians allegedly died, calling the attack ‘unjustifiable.’

The air strike against a house were Taliban commanders gathered was called for by NATO forces, after Afghan and NATO ground forces that had surrounded the house came under fire.

However, according to the International Security Assistance Force (ISAF – NATO’s operation in Afghanistan), no civilians were killed and merely two women were injured as a result of the attack. The incident will be investigated.

Source: BBC News | Afghan President Hamid Karzai condemns NATO air strike
Source: ISAF | Joint Command morning operational update - 6 June 2012

28 November 2011

Pakistani soldiers killed by ISAF air strikes in unclear circumstances

On Saturday 24 November 2011, 25 Pakistani soldiers were killed during air strikes conducted by Afghan and ISAF forces at the Pakistani border. While the incident is lifting up tensions between the US and Pakistan, its circumstances remains unclear. NATO is investigating the incident, including the possibility that it resulted from a communication problem. Possibly, NATO came under fire from insurgents at the border and mistakenly fired back at Pakistani soldiers.

Source 1: www.nytimes.com
Source 2: www.bbc.co.uk

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