Analysis Of The United States’ Liability For War Crime In Afghanistan

Sayed Qudrat Hashimy, Research Scholar (Ph.D. in Law), Department of Studies in Law, University of Mysore


There is no statistical report about the war crime committed in Afghanistan from 1978- to 2021. This paper analyzes the United States’ liability for war crimes in Afghanistan. This issue has been in public for over 20 years but has gained relevance in 2021 due to their decision to withdraw troops from the country. The Article analyzes what the ICC deems a war crime per the Rome statute. It involves a jurisprudential overview of various decisions of the ICC to develop a working understanding of war crimes. Similarly, it inquiries into specific actions carried out by the United States Government since the war in Afghanistan. Temporally this analysis is limited to the movement of the US since 2001 and will not account for actions before this date. This temporal limitation has been imposed owing to the widespread claim that the United States’ formal involvement in the “War Against the Terror” began after the attack on 11 September 2001. Henceforth, the critical research question is whether the United States can be held responsible for carrying out war crimes in Afghanistan.

Keywords: War Crime, the Taliban, the United States in Afghanistan, US forces withdrawal

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878


Accessibility: Open Access

License: Creative Commons 4.0

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