Ending of the endless in Afghanistan: gauging the responsibility of the USA in international law
by Atul Alexander; Simran Upadhyaya
International Journal of Public Law and Policy (IJPLAP), Vol. 8, No. 2, 2022

Abstract: The fall of Kabul triggered by the Taliban and the withdrawal of foreign forces from Afghanistan has created havoc in the international community. The legitimacy of control given to the Taliban is under the peace agreement signed by the Taliban and the USA. This has raised a pertinent question as to whether the USA (state actor) should be held responsible for the wrongful acts of the Taliban (a non-state actor) in Afghanistan for actively permitting their arrival in the country. Usually, state attributability is understood via the Articles on State Responsibility. However, due to certain limitations in its application, the authors rely on Common Article 1 of the Geneva Convention to argue the accountability of the USA for acts of non-state actors in a situation of an armed conflict, even when it has extraterritorial jurisdiction over Afghanistan.

Online publication date: Fri, 08-Apr-2022

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