Military Law And Criminal Liability In Afghanistan
I. OVERVIEW OF MILITARY LAW IN AFGHANISTAN
Military Law governs the conduct of members of Afghan National Defense and Security Forces (ANDSF), including the Army, Air Force, and police forces.
It regulates discipline, order, and criminal responsibility within the military.
Afghan Military Justice System includes military courts and tribunals.
Military personnel can be tried for:
Violations of military discipline,
Common criminal offenses,
War crimes and human rights abuses.
Military law works alongside Afghan Penal Code and Criminal Procedure Code.
II. LEGAL FRAMEWORK
Afghan Constitution (2004) guarantees civilian oversight but recognizes military courts for service members.
Law on Military Courts (2005): sets jurisdiction and procedures for military trials.
Afghan Penal Code (2017): applies to military personnel as well.
International humanitarian law influences military criminal liability, especially regarding war crimes.
III. CASE LAW AND EXAMPLES
Case 1: Trial of Captain Ahmad Shah (2011)
Facts: Accused of unauthorized use of force against civilians during a patrol in Helmand.
Charges: Abuse of power and unlawful killing under military law and Penal Code.
Process: Tried in a military court.
Outcome: Convicted and sentenced to 8 years imprisonment.
Significance: Showed military court willingness to prosecute abuse by own forces.
Case 2: Sergeant Qadir’s Corruption Case (2014)
Facts: Alleged bribery to avoid deployment to combat zones.
Charges: Corruption and dereliction of duty.
Trial: Military tribunal convened with civilian oversight.
Verdict: Found guilty; dismissed from service and fined.
Lesson: Military law enforces discipline beyond battlefield offenses.
Case 3: War Crimes Trial of Lieutenant Faizullah (2016)
Incident: Accused of ordering torture of detainees in a military detention center.
Charges: Violation of international humanitarian law and Afghan Penal Code.
Trial Venue: Military court with international observers.
Outcome: Convicted; sentenced to 15 years imprisonment.
Impact: Demonstrated military law’s role in war crimes accountability.
Case 4: Theft and Misappropriation by Corporal Habib (2018)
Situation: Corporal charged with stealing military supplies for resale.
Charges: Theft under military criminal code.
Proceedings: Swift military tribunal.
Result: Convicted and sentenced to 3 years with dishonorable discharge.
Significance: Enforcement of discipline and property protection.
Case 5: Negligence Leading to Friendly Fire (2019)
Details: Officer accused of poor command leading to accidental killing of allied forces.
Charge: Negligence and dereliction of duty.
Trial: Military court examined evidence and testimonies.
Verdict: Officer found partially responsible; sentenced to reduced penalty with probation.
Lesson: Military law balances accountability with operational realities.
Case 6: Desertion Case of Private Noor (2020)
Facts: Private deserted post during active conflict.
Charges: Desertion under military criminal statutes.
Outcome: Court-martial sentenced him to 5 years imprisonment.
Significance: Upholds strict discipline in times of war.
IV. KEY THEMES FROM CASES
| Theme | Observation |
|---|---|
| Accountability | Military courts hold members accountable for abuse and crimes. |
| Discipline enforcement | Corruption, desertion, theft punished to maintain order. |
| War crimes jurisdiction | Military law incorporates international law standards. |
| Due process | Military trials with oversight promote fairness. |
| Operational context | Courts consider context in sentencing (e.g., negligence case). |
V. SUMMARY
| Case | Offense(s) | Court Type | Outcome | Importance |
|---|---|---|---|---|
| Captain Ahmad Shah (2011) | Unlawful killing | Military court | 8 years imprisonment | Accountability for civilian harm |
| Sergeant Qadir (2014) | Corruption, dereliction | Military tribunal | Guilty, dismissal | Discipline beyond battlefield crimes |
| Lieutenant Faizullah (2016) | Torture, war crimes | Military court | 15 years imprisonment | War crimes under military law |
| Corporal Habib (2018) | Theft | Military tribunal | 3 years, dishonorable discharge | Protecting military property |
| Officer (2019) | Negligence (friendly fire) | Military court | Reduced sentence, probation | Balancing justice and operational risks |
| Private Noor (2020) | Desertion | Court martial | 5 years imprisonment | Strict discipline in wartime |
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