No Time to Lose - Oxfam

February 2011), 6.
53
Interview with AIHRC, Kabul, February 2011.
54
AIHRC, ‘Causes of Torture in Law Enforcement Institutions’ (April 2009), 25.
55
Ibid 23.
56
Interview with AIHRC, Kabul, February 2011.
57
See AIHRC, ‘From Hope to Fear: An Afghan Perspective on Operations of Pro-Government
Forces in Afghanistan’ (2008), 28-32.
58
Senior ISAF official, Kabul, February 2011.
59
Interview with AIHRC, Kabul, April 2011.
60
Interview with AIHRC, Kabul, February 2011.
61
UNAMA, Mid Year Report 2010, above n 45, 26.
62
Interview with Peace Training and Research Organisation, Kabul, February 2011.
63
Joshua Partlow, 'US Initiative to Arm Afghan Villagers Carries some Risks', The Washington Post
(online), 6 February 2011 .
64
Peace Training and Research Organisation, above n 14, 7.
65
Partlow, above n 63.
66
Peace Training and Research Organisation, above n 14, 7.
67
UNAMA, Annual Report 2010, above n 15, 23, 27.
68
UNAMA, Mid Year Report 2010, above n 45, 19.
69
Senior ISAF official, Kabul, February 2011.
70
Interview with AIHRC, Kabul, April 2011.
71
Ibid 26.
72
Interview with AIHRC, Kabul, February 2011.
73
AIHRC, ‘Causes of Torture’, above n 54, 28.
74
Matthew Green, Interview with General David Petraeus (Kabul, 7 February 2011)
.
75
Interview with Peace Training and Research Organisation, February 2011.
76
UNAMA, Annual Report 2010, above n 15.
77
Interview with AIHRC, Kabul, February 2011.
78
This also undermines US and UK counterinsurgency doctrine, the primary objective of which is
to develop effective, legitimate governance: see Department of the Army, US Department of
Defense, Counterinsurgency, Field Manual 3-24, 15 December 2006, 1-21; British Army, UK
Ministry of Defence, British Army Field Manual, Volume 1 Part 10, Army Code 71876, October
2009, 3-11.
79
The rules of distinction, proportionality and precautions in attack have all been recognised by the
ICRC as rules of customary international law applicable in non-international armed conflict:
Jean-Marie Henckaerts and Louise Doswald-Beck, Customary International Humanitarian Law
(Volume 1: Rules) (2005), rules 1, 14, 15. The rule of distinction is also contained in Protocol
Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of
Non-International Armed Conflicts, opened for signature 8 June 1977, 1125 UNTS 609 (acceded to
by Afghanistan 24 June 2009) (‘Protocol II’), art 13(2)
80
Protocol II, arts 4-5. These rules have also been recognised by the ICRC as rules of customary
international law applicable in non-international armed conflict: Henckaerts and Doswald-
Beck, above n 79, rules 134-6.
81
These rules have all been recognised by the ICRC as rules of customary international law
applicable in non-international armed conflict: Henckaerts and Doswald-Beck, above n 79,
rules 89, 90, 93, 99. Common art 3 of the Geneva Conventions prohibits violence to life, cruel
treatment and torture and humiliating and degrading treatment; and Protocol II prohibits the
killing of civilians: Protocol II, art 4(2)(a).
82
International Covenant on Civil and Political Rights, opened for signature 16 December 1966, 999
UNTS 171 (acceded to by Afghanistan 24 January 1983).
83
The ICRC has taken the view that the obligation on the part of states to ‘exert their influence, to
the degree possible, to stop violations’ is a rule of customary international law applicable in
both international and non-international armed conflict: Henckaerts and Doswald-Beck, above
n 79, rule 144. But see also ICRC, ‘Reaffirmation and Implementation of International
Humanitarian Law’ (3 rd Resolution of the 30 th International Conference of the Red Cross and
Red Crescent, Geneva, 26-30 November 2007), paras 1-2, in which the obligation on the part of
34