Islamic Republic of Afghanistan
Documents Articles Resources and
Crime of Aggression
Crimes Against Humanity
No specific provision.
The following references to crimes against humanity are found in the Constitution of January 3, 2004:
The individual who becomes a presidential candidate shall have the following qualifications: [...] 3. Shall not have been convicted of crimes against humanity...
Article 69 [...]
Accusations of crimes against humanity... shall be demanded by one-third of all members of the House of People. If the demand is approved by two-thirds of the House of People, the House of People shall convene the Loya Jirga within 1 month."
The individual appointed as Minister shall have the following qualifications: [...] 4. Shall not have been convicted of crimes against humanity..."
If a Minister is accused of crimes against humanity,..., the case, in accordance with Article 134 of this Constitution, shall be submitted to a special court.
The individual who becomes a candidate or appointed to the membership of the National Assembly, in addition to the completion of the conditions of the election, shall have the following qualifications: [...]
2. Shall not have been convicted of crimes against humanity..."
Supreme court members shall have the following qualifications: [...]
5. Shall not have been convicted, by a court, for crimes against humanity..."
(Official English translation by Sayed Shafi Rahel for the Secretariat of the Constitutional Commission).
A bill granting amnesty to individuals and groups that allegedly committed war crimes was signed into law by Afghan President Hamid Karzai on 10 March 2007. This bill was approved earlier the same day by the Afghan parliament. The resolution bars the State from independently prosecuting individuals for war crimes absent accusation from an alleged victim. It also extends immunity to all groups involved in pre-2002 conflicts, as opposed to only leaders of various factions alleged to have committed war crimes during the 1980s resistance against Soviet forces and war crimes committed during the country's civil war. The Taliban and other human rights violators active before the establishment of the December 2001 Interim Administration in Afghanistan are protected under the bill.
(Commentary excerpted from JURIST Legal News and Research Service, a project supported by the University of Pittsburgh School of Law. See full commentary under the Articles section below).
Both houses of the Afghan parliament initially approved a resolution calling for amnesty for leaders in February 2007.Rome Statute of the International Criminal Court: Afghanistan deposited its instrument of accession to the Rome Statute of the ICC on 10 February 2003.
National Reconciliation, General Amnesty and National Stability Law of Afghanistan (2007)
Official Gazette of Afghanistan, 13 Qaus 1387 (13 November 2009), Serial No. 965.
(Unofficial English translation by the Danish Ministry of Foreign Affairs)
The Constitution of Afghanistan, January 3, 2004
Official Gazette No. 818, dated 1382/11/08 A.P. (2004/01/28).
(Official English translation by Sayed Shafi Rahel for the Secretariat of the Constitutional Commission. Source: United Nations Office on Drugs and Crime)
Reconstructing the Afghan National Defense and Security Forces: Lessons from the U.S. Experience in Afghanistan.
Special Inspector General for Afghanistan Reconstruction - SIGAR, Arlington, VA, September 2017 [ENG]
Report of the Secretary-General on children and armed conflict in Afghanistan.
United Nations Security Council, S/2015/336, 15May15 [ENG]
Rapport du Secrétaire général sur le sort des enfants dans le conflit armé en Afghanistan.
Conseil de sécurité des Nations Unies, S/2015/336, 15mai15 [FRA]
Informe del Secretario General sobre los niños y el conflicto armado en el Afganistán.
Consejo de Seguridad de las Naciones Unidas, S/2015/336, 15may15 [ESL]
War in Afghanistan: Strategy, Operations, and Issues for Congress.
Congressional Research Service, Washington D.C., 09Mar11
Afghanistan: Opium Survey 2014. Cultivation and Production.
United Nations Office on Drugs and Crime, November, 2014.
Afghanistan president signs war crimes amnesty bill into law
Jurist Legal News and Research Services, Pittsburgh, PA, 11Mar07
Afghanistan lower house approves amnesty bill with Karzai revisions
Jurist Legal News and Research Services, Pittsburgh, PA, 10Mar07
President of Afghanistan pressured to sign controversial amnesty bill
IRIN, Kabul, 26Feb07
Afghanistan upper house approves war crimes amnesty
Jurist Legal News and Research Services, Pittsburgh, PA, 20Feb07
Follow-up: War in Afghanistan - Information analysis by Equipo Nizkor
International Humanitarian Law treaties to which Afghanistan is a State Party.
International Committee of the Red Cross [External Link]
Afghanistan Independent Human Rights Commission. [External Link]