A/HRC/31/46
Taliban fighters and Afghan security forces. UNAMA/OHCHR also received reports of
civilian casualties from targeted or deliberate killings, as well as parallel justice
punishments.1
16.
UNAMA also documented a preliminary figure of 67 civilian casualties (30 dead
and 37 injured) caused by an air strike carried out by international military forces on a
Médecins Sans Frontières hospital, in Kunduz city, on 3 October. At the time of the attack,
the hospital appeared to have been a fully operational medical facility and, as such, was
fully protected under international humanitarian law. All military have an obligation to
respect and protect civilians at all times, and medical facilities and personnel are the object
of special protection. Furthermore, those who are rendered hors de combat may not be the
object of attack.2 These obligations apply no matter whose air force is involved and
irrespective of the affiliation of the patients receiving medical care. Violations of these
obligations also entail a violation of the right to life. 3 The Special Representative of the
Secretary-General for Afghanistan and Head of UNAMA, the United Nations High
Commissioner for Human Rights, the Special Representative of the Secretary-General for
Children and Armed Conflict and the Under-Secretary-General for Humanitarian Affairs
and Emergency Relief Coordinator all strongly condemned the attack and called for an
independent and impartial inquiry into the incident.
17.
During its occupation of Kunduz, the Taliban clearly targeted human rights
defenders and Government employees through systematic searches of their homes and
destroyed and looted the property and premises of the Government, non-governmental
organizations and the United Nations. Kunduz residents complained of water and electricity
outages and food scarcity, which were exacerbated by significant restraints on humanitarian
access owing to the fighting. The absence of governance during this period and the
complete breakdown of rule of law resulted in the loss of protection of the most basic
human rights. Once inside the city, the Taliban immediately freed over 600 male prisoners 4
from the Kunduz prison, allegedly providing some with weapons, and thereby enabling
them to join the fight against Afghan security forces. This chaos created an environment in
which arbitrary killings, opportunistic criminality and destruction took place with complete
impunity. UNAMA/OHCHR confirmed that fear of sexual violence by armed men or
opportunistic criminals, fuelled by unconfirmed reports of sexual abuse, was a key factor in
the mass displacement of women from the city.
18.
Throughout 2015, as part of its support to the Government of Afghanistan and the
Afghan people in laying the foundations for peace, UNAMA continued to engage with all
parties to the conflict, including the Taliban, to advocate for the protection of civilians and
of women’s and children’s rights.
19.
In February and March, UNAMA/OHCHR released two public reports highlighting
civilian casualty figures, key trends and analysis, and recommendations to all parties to
mitigate civilian deaths and injuries (see annual and midyear reports on the protection of
civilians in armed conflict).
1
2
3
4
See United Nations Assistance Mission in Afghanistan and United Nations Office of the High
Commissioner for Human Rights, Afghanistan: Human Rights and Protection of Civilians in Armed
Conflict: Special Report on Kunduz Province (December 2015).
See International Committee of the Red Cross, Customary IHL – Rule 47. Attacks against Persons
Hors de Combat database, available from https//www.icrc.org/customary-ihl/eng/docs/v1_rul_rule47,
last accessed 24 November 2015.
Afghanistan’s obligations under international human rights law continue to apply during periods of
armed conflict.
The women held at the prison also left the Kunduz prison at this time.
5
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